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SILVER , BURDETT. ,'&. GOWPANT 




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Book 



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COPYRIGHT DEPOSIT. 



SUPPLEMENT TO 

GOVERNMENT: ITS ORIGIN, GROWTH 
AND FORM IN THE UNITED STATES 

By R. LANSING and G. M. JONES 



THE GOVERNMENT 
OF MICHIGAN 



BY 

CLAUDE S/ LARZELERE 

INSTRUCTOR IN HISTORY AND CIVICS, CENTRAL STATE 
NORMAL SCHOOL, MOUNT PLEASANT, MICH. 




SILVER BURDETT AND COMPANY 
BOSTON NEW YORK CHICAGO 



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V 



COPYRIGHT, 1913, BY 
SILVER, BURDETT & COMPANY 



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CONTENTS 

CHAPTER PAGE 

I. Historical Sketch 9 

II. Schools 19 

III. Townships 26 

IV. Villages and Cities 35 

V. Counties 40 

VI. Elections 49 

VII. Roads 59 

VIII. Taxation 63 

IX. Libraries 68 

X. The State — Legislative Department .... 71 

XI. The State — Executive Department .... 77 

XII. The State — Judicial Department .... 89 

XIII. Military Matters 96 

XIV. State Charitable Institutions 98 

XV. The State Educational System 100 

The Constitution 113 




Senator Wm. Alden Smith 
Supt. Luther L. Wright 



Senator Chas. E. Townsend 

GOV. WOODBRIDGE N. FERRIS 



THE 

GOVERNMENT OF MICHIGAN 

CHAPTER I 

HISTORICAL SKETCH 

The French. — While the English were settling 
along the Atlantic coast the French in canoes were 
pushing up the St. Lawrence River and along the 
Great Lakes. With mixed motives of adventure, 
trade, conversion of the Indians and the extension 
of the domains of France, bushrangers, traders, priests 
and soldiers came to the region we now call Michigan. 

Few came to cultivate the soil or to build permanent 
homes. The desire to obtain beaver skins from the 
Indians and to save their souls was largely the reason 
for the establishment of temporary trading posts and 
mission stations. But as early as 1668, fourteen years 
before Philadelphia was founded, Pere Marquette es- 
tablished a mission at the Falls of St. Mary (Sault de 
Ste. Marie), which proved to be the first permanent 
settlement in our present state. 

Another Frenchman, no less renowned than Father 
Marquette, who explored this region was La Salle. 
In 1679 he launched the first sailboat upon the Great 
Lakes, came up the Detroit River, named Lake St. 
Clair and sailed on to Lake Michigan. 

The most important settlement made by the French 
within the limits of our state was Detroit. Cadillac, 



10 THE GOVERNMENT OF MICHIGAN 

who had observed the advantages of the location for 
trade with the Indians, brought a few settlers and 
soldiers in 1701 to occupy it. He endeavored to have 
his people cultivate the soil, become self-supporting 
and give the settlement stability. In time Cadillac's 
dream came true and Detroit became the most impor- 
tant French town in the West. 

Other settlements made by the French were at St. 
Ignace, Mackinac and Frenchtown, later called Raisin- 
ville, and now Monroe. 

The French and Indian War. — The English, how- 
ever, were getting a firmer foothold upon America 
than the French, and when they came into conflict 
in the French and Indian War the English crushed 
the French power on this continent. Together with 
Canada and the whole Northwest, Michigan passed 
under the control of the English in 1763. 

Pontiac's Conspiracy. — An Englishman could not 
get along as well with the Indians as a Frenchman 
could, and the red men of the Northwest were not well 
pleased with the change of government. 

There happened to be at this time a great Ottawa 
chieftain in the West named Pontiac. He was a man 
of ability and ambition. He saw that the English 
occupation was different from the French and meant 
in time the driving out or suppression of the Indians. 
He felt that the only way by which they could save 
their hunting grounds was by a quick and vigorous 
blow. 

Pontiac, therefore, obtained the cooperation of many 
tribes and formed a strong combination to drive out 
the English. Many forts and settlements were sur- 



HISTORICAL SKETCH 11 

prised and destroyed. Among them was that at 
Mackinac, where the savages, apparently friendly, 
engaged in a game of ball near the fort while their 
women came inside the walls with weapons hidden 
under their blankets. The garrison, off their guard, 
lounged outside the walls, watching the ball game. 
The ball having been thrown into the fort, the warriors 
rushed through the open gate, seized their weapons 
from the squaws and captured the stronghold. 

At Detroit Pontiac was less successful, although his 
plot there was a shrewd one. The Indians cut off their 
gun barrels so that they could be hidden beneath their 
blankets. They then went to the fort and asked for 
a council with the English. Upon a given signal from 
Pontiac they were to attack the unsuspecting white 
men and gain possession of the fort. But the plan 
was revealed to Major Gladwin, the commander, by 
an Indian girl, and when the Indians arrived they 
found the soldiers ready for them. Foiled in his 
attempt to capture Detroit by strategy, Pontiac under- 
took to take it by siege, and the garrison was closely 
shut in by the savages for months. At last reinforce- 
ments arrived from the East and the siege was raised. 

The Revolutionary War in the Northwest. — At 
the beginning of the Revolutionary War Colonel 
Hamilton was the British commander at Detroit. 
He hired the Indians with large quantities of rum and 
with firearms to attack the small scattered settlements 
of Americans in Kentucky and Pennsylvania. By 
offering rewards for scalps he earned the name of 
"hair buyer." Often during the war Detroit was 
enlivened by returning bands of Indians with their 



12 THE GOVERNMENT OF MICHIGAN 

prisoners and scalps, and many a scene of savage 
revelry and drunken debauchery followed. 

The activity of the Indians, encouraged as it was by 
the English,' aroused the Kentuckians, and George 
Rogers Clark determined to capture the British posts 
in the Northwest. With a band of about one hundred 
and eighty men he marched across the country and cap- 
tured Kaskaskia and other places in what is now Illinois. 
Colonel Hamilton marched from Detroit to Vincennes, 
an old French settlement in the present State of Indiana, 
and prepared to drive Clark back. The latter, how- 
ever, made a very difficult march in the winter time, 
the soldiers for a considerable distance wading across 
flooded lands with the water nearly to their necks, 
and surprised and captured Vincennes and Hamilton 
himself. 

Clark wished to attack Detroit, but was not able 
to do so. His expedition, nevertheless, had practi- 
cally put the Northwest into the hands of the Ameri- 
cans, and when the treaty of peace was made in 1783, 
that region, including Michigan, became a part of the 
United States. 

The British, however, were loath to give up the 
splendid country about the Great Lakes, and for 
thirteen years after the treaty they held the fort at 
Detroit and other posts. They wished to keep con- 
trol of the profitable fur trade as long as possible. 
Then, too, they knew that the United States was a 
weak nation and that the thirteen states were jealous 
of each other and often quarreled among themselves, 
and they hoped that, in case the new Union should 
break up, they could retain the western country at 



HISTORICAL SKETCH 13 

least, even if they did not bring back the whole country 
under the government of England. But they had 
some excuse for holding the posts, for the different 
states had made it practically impossible for English 
merchants to collect debts contracted by the Amer- 
icans before the war. 

After Jay's treaty was made, Detroit was turned 
over to our government, and the stars and stripes, 
following the lily of France and the union jack of 
Great Britain, were for the first time unfurled to the 
breezes of Michigan, July 11, 1796. 

The Land Cessions. — The region between the 
Ohio River, the Mississippi and the Great Lakes, 
including Michigan, was claimed by the states of 
Virginia, Connecticut, Massachusetts and New York. 
These claims were based upon their early colonial 
charters or upon grants made by the Indians. At 
about the close of the Revolutionary War, however, 
these states surrendered their claims to this region to 
the Federal government. 

Ordinance of 1787. — After the northwestern country 
had been turned over to the United States, settlers 
began to move into it, and some form of local govern- 
ment became desirable. This was provided for by a 
law passed by Congress, called the Ordinance of 1787, 
which was a very important document in our history. 
It organized the first territory of the United States, 
encouraged the settlement of the western country and 
paved the way for the formation of the great states 
of Ohio, Indiana, Illinois, Michigan and Wisconsin. 

It contained many wise provisions. It provided 
for legislative, executive and judicial officers, and for 



14 THE GOVERNMENT OF MICHIGAN 

a framework of government. It promised future 
statehood for the region, not less than three nor more 
than five states to be formed out of it. Slavery was 
forbidden forever. It stated that " Religion, morality 
and knowledge being necessary to good government 
and the happiness of mankind, schools and the means 
of education shall forever be encouraged.' ' 

The Territory of Michigan. — The Northwest Terri- 
tory, as it was called, remained undivided until 1800. 
In that year it was divided into two parts by a line 
running north and south nearly through the middle 
of the present lower peninsula of Michigan. The 
eastern part retained the old name of the North- 
west Territory, while the western portion was called 
Indiana Territory. 

In 1802, when Ohio was formed into a state, what 
is now Michigan was included in the Territory of 
Indiana. 

Michigan became a separate territory in 1805. It 
consisted of the region north of a line drawn due east 
from the southern extremity of Lake Michigan and 
east of a line drawn through the middle of that lake 
to its northern end and then due north. It thus 
included the southern peninsula, the eastern end of 
the upper peninsula and a narrow strip of northern 
Indiana and Ohio. 

From the time that Illinois was admitted as a state 
in 1818 until Michigan itself became a state in 1837, 
the territory of Michigan embraced the lower and up- 
per peninsulas, Wisconsin and the part of Minnesota 
east of the Mississippi. Between the years 1834 and 
1836 our territory was even larger than that, extend- 



HISTORICAL SKETCH 15 

ing westward as far as the Missouri River. Thus 
Michigan had been under three flags and of various 
sizes and shapes by the time it became a state. 

The early settlers in the territory were mostly French, 
and not many others came in for many years. The 
country was but little developed before the War of 
1812; Detroit was not a large town; and the few other 
settlements were still smaller. The French settlers 
were not very progressive or enterprising. 

The government was carried on by a governor, a 
secretary and three judges, all appointed by the 
president. The governor and judges constituted the 
legislative body. The people, it will be seen, had no 
part in governing themselves. 

The War of 1812 in Michigan. — General Hull was 
governor of Michigan Territory when war with Eng- 
land broke out in 1812. He was put in command of 
a military force and carried on some operations along 
the Detroit River, at one time pushing some distance 
into Canada. He soon withdrew, however, to the 
American side of the river and shut his little army up 
in Detroit. 

To this place a British force advanced and Hull, 
contrary to the advice of his officers and against the 
wishes of his men, who were eager to fight, surrendered 
Detroit without striking a blow. 

Hull was tried for this by a court-martial, found 
guilty and sentenced to be shot; but the president 
pardoned him because of his services during the 
Revolutionary War. He maintained that his force 
was not large enough to hold out against the British 
and Indians, and that if he had offered resistance and 



16 THE GOVERNMENT OF MICHIGAN 

then the town had fallen into the hands of the enemy, 
the Indians would have massacred the inhabitants, 
including the women and children. 

A military force, coming from Kentucky to recapture 
Detroit, was massacred on the river Raisin in the 
winter of 1813. But Commodore Perry won a brilliant 
victory over the British fleet on the western end of 
Lake Erie, September 10, 1813, when the British 
troops left Detroit and retreated into Canada, leaving 
Michigan again under the stars and stripes. 

Growth and Development. — General Lewis Cass 
was made governor of the territory in 1813 and his 
energy and administrative ability were soon felt in 
its development. Americans came into the territory 
in increasing numbers, bringing improved methods of 
farming and of carrying on other business. Changes 
were also made in the form of government, so that 
the people gradually began to share in its adminis- 
tration. 

General Cass remained governor of the territory 
until 1831. He was eminently fitted for the position. 
He understood the Indians and exercised great control 
over them. He made many treaties with them in 
behalf of the United States by which he secured title 
to large parts of Michigan for the white man. During 
his long administration many counties were organized, 
roads were built, settlements were made, farms were 
cleared and the territory forged rapidly ahead. 

By the opening of the Erie Canal in 1825 and by 
the use of steamboats on Lake Erie, the first of which, 
"Walk-in-the- Water," arrived at Detroit in 1818, 
people from New England and New York were enabled 



HISTORICAL SKETCH 



17 



to reach Michigan much more readily than formerly, 
and the population increased rapidly. 

Admittance as a State. — By 1835, Michigan was 
ready for statehood. A convention was held and a 
constitution was drafted. But a boundary contro- 
versy with Ohio now arose which delayed admittance 
to the Union for some time. 

The people of Michigan maintained that the south- 
ern boundary of the new state should be on a line 
drawn from the south- 
ern point of Lake 
Michigan due east- 
ward until it inter- 
sected Lake Erie, 
according to the Or- 
dinance of 1787. 

Ohio claimed that 
her northern boundary 
was on a line drawn 
from the southern ex- 
tremity of Lake Mich- 
igan to the northern 
side of Maumee Bay. 

It was not so much 
the strip of land in 
controversy (a strip a 

few miles wide running from Indiana to Lake Erie) 
that each wanted as it was the mouth of the Maumee 
River and the promising town of Toledo. 

The quarrel waxed so warm that the militia was 
called out on both sides and war seemed imminent. 
Bloodshed was averted, however, and the "Toledo 




The Disputed Territory 



18 THE GOVERNMENT OF MICHIGAN 

War " was settled by a compromise which was forced 
upon Michigan by Congress. Ohio was given the 
disputed tract and Michigan was given the upper 
peninsula, which was not considered valuable at that 
time. 

Michigan was admitted to the Union in January, 
1837. 

Later History. — The history of the state since 1837 
cannot be told here. The population has continued 
to increase, and the country has been largely devel- 
oped. For many years lumbering was the greatest 
industry. Farming has superseded it, however, and 
today Michigan is one of the great agricultural states 
of the Union. Vast deposits of copper, iron and other 
minerals are being mined, and manufacturing has 
become one of the principal industries of the people. 

Michigan has had three constitutions; the first 
adopted in 1835, the second in 1850 and the present 
one in 1909. 

The state bore its share in the Civil War, and in 
other ways it has taken an honorable part in the life 
of the nation. Its people have come from all parts 
of the civilized world and have become good Americans. 
On the whole, "life is worth living" in the Wolverine 
State. 

References. — Pupils should be encouraged to study 
more extensively the history of the state from the following 
books: Remans' "History of Michigan"; Cooley's "Michi- 
gan"; The Michigan Pioneer and Historical Society's " Col- 
lections"; Parkman's "La Salle and the Discovery of the 
Great West"; Mowry's "Territorial Growth of the United 
States": Hinsdale's "Old Northwest," 



CHAPTER II 

SCHOOLS 

Outside of their homes, boys and girls usually first 
come in contact with government in the school. They 
may sometimes ask such questions as these: "What 
right has the teacher to govern us?" "How does she 
get her pay?" "Who built and paid for the school- 
house?" "Who furnishes the desks, the crayon and 
erasers, the maps, the dictionary and the wood or coal? " 

Doubtless most of the boys and girls know that 
the school board hires and pays the teacher and gives 
her authority to take charge of the school and govern 
the children. The school board also had the school- 
house built, and it buys the things that are needed in 
the schoolroom and the fuel to warm it. In fact, the 
board has general charge of school matters and the 
running of the school. 

The school belongs to all the people, but the board 
is chosen by the people to manage it for them; that is, 
the board represents the people. 

Who May Vote. — But not all the people may take 
part in choosing members of the board. Those persons 
who are citizens of the United States, tw^enty-one years 
of age or over, who have resided in the school district 
for three months just before the election and who are 
the parents or legal guardians of a child of school age 
(i.e. between the ages of five and twenty) living in the 



20 THE GOVERNMENT OF MICHIGAN 

district, may vote for members of the board and upon 
any other question that may come up in school meet- 
ings, except such as do not directly involve the raising 
of money by taxation. Those persons who are citi- 
zens of the United States, twenty-one years of age 
or over, who have resided in the school district for 
three months just before the election and who have 
property assessed for school taxes in the district, may 
vote for members of the board and upon all other 
questions that may arise, including the raising of 
money by a tax. Notice, therefore, that there are two 
classes of persons legally qualified to vote at school 
meetings, and also that women may vote just the 
same as men at these meetings. 

Annual Meeting. — The members of the school 
board are chosen at the annual school meeting, which 
is held on the second Monday of July, except in a few 
cities, usually at the schoolhouse. Special meetings 
of the voters for the transaction of school business 
may also be called by the board. 

Besides electing members of the board, the qualified 
voters at the annual meeting have the power : to select 
a site for a schoolhouse, and they may direct the board 
to purchase such a site; to provide for building a 
schoolhouse or for making additions to it; to vote to 
raise money for certain purposes by taxation; and to 
do various other things. 

School Board. — In rural districts the school board 
consists of three persons, one being elected every year 
for a term of three years. Any one who is qualified 
to vote on all questions at the annual meeting may be 
elected a member of the board. 



SCHOOLS 21 

It is the business of the board to carry out the 
resolutions voted at the annual and special school 
meetings; to hire teachers; to keep the schoolhouse 
in good condition; to vote taxes sufficient for main- 
taining the school; to purchase maps, globes, dictiona- 
ries, books and other supplies and apparatus; to decide 
upon any studies to be taught in addition to those which 
must be taught as provided by law; to select the text- 
books to be used; to adopt such rules and regulations 
for the management of the school as it may think neces- 
sary; to buy fuel; to hire janitors; to purchase books for 
poor children; and to suspend or expel disorderly pupils. 

Officers of the Board. — One member of the board 
is chosen at the annual meeting as moderator. He 
presides at all meetings of the board and of the voters 
of the district. He also countersigns all orders for 
money drawn by the director upon the treasurer. 

Another member is elected director. He is secre- 
tary of the board and of the school district and keeps 
a record of the proceedings of all meetings. He gives 
notice of the annual and special meetings of the dis- 
trict. He draws orders upon the treasurer whenever 
money is to be paid out for school purposes. He buys 
the apparatus and supplies that have been ordered 
by the board, and such other things as are necessary 
for carrying on the work of the school. He is the 
executive officer of the board. 

A third member of the board is elected treasurer. 
He receives and keeps the money for the district until 
paid out upon orders drawn by the director and counter- 
signed by the moderator. He must keep an account 
of all money received and paid out. 



22 THE GOVERNMENT OF MICHIGAN 

Graded Districts. — For villages and cities a some- 
what different kind of school district, called a graded 
district, is formed. Any district containing more than 
one hundred children of legal school age may be formed 
into a graded district by a majority vote of the quali- 
fied voters present at a school meeting. In such a 
district a high school is usually established and a 
superintendent of schools employed. In a graded 
district the board is composed of five members elected 
for terms of three years, one or two going out of office 
each year. The board elects from its own number a 
president, a secretary and a treasurer, who have the 
powers and duties respectively of the moderator, 
director and treasurer of the rural board. In some of 
the larger cities the school board consists of a different 
number of members. The board in a graded district 
has about the same powers and duties as the board in 
a rural district, with a few additional ones. 

Organization and Size of Districts. — School dis- 
tricts are formed and their boundaries fixed or changed 
by the township board. Any number may be formed 
in a township, and their number and size vary con- 
siderably in different townships. 

Township Districts. — Sometimes instead of being 
divided into school districts, the whole township is 
organized into one district called a township school 
district. This may be done whenever a majority of 
the qualified school voters shall vote for it. The 
school board of such a district consists of five members 
elected for a term of three years. This board manages 
all the schools of the township and may employ a 
superintendent of schools and may establish a high 



SCHOOLS 23 

school for the children of the township. Not many 
township school districts have yet been formed in 
Michigan except in the upper peninsula. 

School Census. — Every year the director or secre- 
tary of the school board, or some one appointed by 
the board, takes a census of all children of legal school 
age, that is, between the ages of five and twenty, 
living within the district. This is done sometime 
during the last fifteen days of May, except in incorpo- 
rated cities of 3000 inhabitants or over, where it may 
be taken during the last twenty days of May. It is 
done for the purpose of determining the proper share 
of money from the state for each district, as the state 
distributes money every year among the school dis- 
tricts according to the number of children of legal 
school age living in each of them. 

Compulsory Education. — The law requires that 
every child between the ages of seven and sixteen years 
shall attend a public school continuously during the 
entire school year. The following children are excepted : 
those who attend a good private or parochial school; 
those who have received an eighth-grade diploma; those 
physically unable to attend ; those over fourteen years 
of age whose services are essential to the support 
of their parents; those under nine years of age whose 
parents do not reside within two and one-half miles 
of a public school; and those between the ages of 
twelve and fourteen while attending church confirma- 
tion classes. 

A county truant officer is appointed by the com- 
missioner of schools to enforce this law in rural districts, 
and the board of education appoints one in each graded 



24 THE GOVERNMENT OF MICHIGAN 

district. Penalties of fines and imprisonment are pro- 
vided for parents who do not obey this law. 

Payment of Tuition by School Boards. — The board 
of education in any district not maintaining a high 
school is required to pay the tuition of any child who 
has completed the studies of the eighth grade at any 
one of the three nearest high schools. In order to 
secure this payment of tuition a parent of the child 
must give written notice to the board of education of 
the district wherein he resides on or before the fourth 
Monday in June. The school board may also pay 
for the transportation of such children to and from 
high schools. 

Suggestions. — Pupils should attend an annual school 
meeting and observe the procedure. 

A copy of the latest edition of the school laws should be in 
the school library for reference. It may be obtained with- 
out cost from the county commissioner or from the state 
superintendent of public instruction. 

Require pupils to draw a map of the school district. 

A debate might be carried on by the class as to the relative 
merits of the small district and the township district. 

QUESTIONS 

1. May every one who votes at township, county and 
state elections vote legally at school elections? 

2. Are there any who vote at school elections who may 
not vote at township, county and state elections? 

3. How does the director or secretary give notice of 
school meetings? 

4. Have you ever attended a school meeting? Are chil- 
dren permitted to attend? 



SCHOOLS 25 

5. How many persons usually attend in your district? 

6. Why do not more attend? 

7. What is the shortest time that school can be legally 
maintained during the year? 

8. The treasurer of a school board must give bonds. 
What does that mean? 

9. What is the number of your school district? De- 
scribe its boundaries. 

10. What is a fractional district? How is it created? 

11. How much money per child did the state pay your 
district last year? 

12. What two meanings has the term " school district"? 

13. Do members of the school board in your district 
receive pay? If so, how much? Should they be paid? 

14. How does your school enrollment compare with 
the school census of your district? 



CHAPTER III 

TOWNSHIPS 

The word " township" is sometimes used to indicate 
a tract of land and sometimes the people living upon 
a certain tract organized for civil and political purposes. 
When it has the former meaning it is usually a con- 
gressional township; when the latter meaning, it is 
a civil township. 

Congressional Township. — A congressional town- 
ship is a tract of land about six miles square. It is 
called "congressional" because the Congress of the 
United States as far back as 1785 made a law that 
the land of the new states and territories should be 
surveyed into townships six miles square. 

The Survey. — When surveyors were sent into the 
Territory of Michigan by the United States govern- 
ment to survey lands for the early settlers, they first 
laid out two main lines from which to reckon. One, 
called the base line, was run due east and west. It 
crosses the state between the second and third row of 
counties counting from the south. The other, called 
the principal meridian, runs due north and south. It 
crosses the base line on .the boundary between Jackson 
and Ingham counties, running close to the city of 
Jackson. 

Townships were then formed by running lines six 
miles apart parallel to the base line and to the principal 



TOWNSHIPS 



27 



meridian. These congressional townships were not 
named by the surveyors but were numbered, counting 
from the base line and the principal meridian. Thus 
a township in the first row north of the base line is 
called " township one north"; in the second row, 
" township two north/' and so on. One in the first 
row south of the base line is called "township one 
south/' and so on. A township in the first row or 
range east of the principal meridian is read "range 
one east"; in the second row, "range two east/' etc. 
One in the first row west of 
the principal meridian is V 

read "range one west," and 
so on. 

Correction Lines. — Lines 
running due north and south 
are not exactly parallel, as 
they are surveyed according X 
to the compass and the nee- 
dle of the compass points 
to the north magnetic pole yj 

of the earth. Hence north 

and south lines would gradually approach each other 
as they go farther north and would meet at the 
north magnetic pole. Starting at the base line, town- 
ships are made six miles wide, but farther north they 
would get narrower, or less than six miles from east 
to west. To prevent them from becoming too narrow, 
five correction lines are run across the state. The 
location of these may be seen upon a good map of 
Michigan. Starting on the north of each of them, the 
townships are each made six miles wide again. 



B 




















D 






















A 


















C 













28 



THE GOVERNMENT OF MICHIGAN 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


II 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



So it will easily be seen that townships are not exactly 
square, being a little narrower on the north side than 
on the south side. Neither do they contain exactly 
thirty-six square miles, but usually somewhat less. For 
the same reason, the sections into which townships are 
divided are sometimes not exactly a mile square and 

consist of less than 640 acres. 
Sections. — In order to make 
it easy to describe definitely 
the location of different tracts 
of land, each township is di- 
vided into thirty-six sections, 
each approximately one mile 
square and containing about 
640 acres. They are num- 
bered like this, commencing 
at the northeast corner of the 
township : 

Sections are surveyed into 
still smaller divisions so that 
the location of smaller pieces 
of land may be described ex- 
actly. Let us suppose that 
the following diagram repre- 
sents section 10 of township 
7 north, range 5 west. 

A is described as the N. W. \ of Sec. 10, T. 7 N., R. 5 W. 
160 acres. 

B is the N. W. I of the N. E. | of Sec. 10, T. 7 N., R. 5 W. 
40 acres. 

C is the S. E. I of the S. W. \ of the N. E. \ of Sec. 10, 
T. 7 N., R. 5 W. 10 acres. 



A 


B 


E 






F C 




D 





TOWNSHIPS 29 

D is the N. \ of the S. E. \ of Sec. 10, T. 7 N., R. 5 W. 
80 acres. 
What is E? 
Describe F. 

The Civil Township. — A civil township is the 
organization for purposes of government of the peo- 
ple living upon a certain tract of land. The people 
living upon a congressional township are usually formed 
into a civil township, but not always. When the popu- 
lation is sparse, the people upon two or more congres- 
sional townships are sometimes organized into one civil 
township. For instance, at present Oscoda county is 
composed of sixteen congressional townships, but all 
of the people are organized into four civil townships. 
The congressional township is designated by number, 
as has been seen, but a civil township is given a name. 

Organization. — Civil townships are organized by 
the legislature or by the board of supervisors of a 
county. They are formed so that the people may 
do certain things for themselves, such as making roads, 
building bridges, buying and caring for a cemetery 
and other things. This is what is called carrying on 
local government. They are also subdivisions of the 
county and state for convenience in holding elections, 
collecting taxes and enforcing the laws. 

Township Meetings. — The annual meeting of the 
township is held on the first Monday in April. The 
township officers are elected at this time and certain 
other business, such as voting to raise money by taxa- 
tion for roads, bridges and cemeteries, is transacted. 
Special township meetings may be called by the 
township board, but they are seldom held. 



30 THE GOVERNMENT OF MICHIGAN 

In the history of New England the town meeting 
has played a very important part. At this gathering 
the voters not only elected officers for the ensuing year, 
but also freely discussed local affairs and public men 
and measures. In Michigan public speaking and dis- 
cussion has nearly disappeared from these meetings. 
The occasion is still of great importance, however, for 
purposes of election. 

Officers. — The officers of a township are the super- 
visor, clerk, treasurer, commissioner of highways, 
justices of the peace, constables, overseers of highways 
and poundmasters. They are elected for a term of 
one year, except the justices of the peace whose terms 
are four years. 

Supervisor. — The chief executive officer of the 
township is the supervisor. He fixes the valuation of 
property in the township for purposes of taxation 
and makes out what is called the tax roll, apportioning 
the taxes to be raised among the property owners. He 
gives help to poor people when they need public aid. 
He collects certain statistics concerning stock, crops, 
births, the insane, deaf, dumb and blind. He is a 
representative of his township on the county board of 
supervisors, and in this way he becomes an important 
county officer. He is also a member of the township 
board, the board of review, the board of health, 
the board of registration and the board of election 
inspectors. 

Clerk. — The clerk keeps a record of the proceedings 
of township meetings and all other records, books 
and papers of the township. Chattel mortgages are 
filed with him. He is a member of the township board, 



TOWNSHIPS 31 

board of health, board of registration and board of 
election inspectors. 

Treasurer. — The treasurer collects the school, 
township, county and state taxes in his township. 
He pays over to the treasurers of the school districts 
of his township the school taxes, and to the county 
treasurer the county and state taxes. He keeps and 
pays out as needed the township funds which have been 
collected. He must keep accounts of all these transac- 
tions and make an annual report to the township 
board. He is a member of the board of registration. 

Justices of the Peace. — Not to exceed four justices 
of the peace are elected in each township, usually one 
being chosen at each town meeting. The number 
depends upon the population of the township. They 
are judicial officers, holding court and trying the smaller 
civil and criminal cases. They also examine persons 
accused of the greater crimes and may hold them for 
trial in the circuit court or may release them. They 
may also perform the marriage ceremony. 

Constables. — Each township may have not more 
than four constables. The number is determined by 
the population. It is their duty to maintain peace 
and good order and to arrest persons who are caus- 
ing a disturbance or breaking the laws. They serve 
warrants, subpoenas and other writs, notices and 
papers issued by a justice of the peace, and act as 
executive officers of his court. They may perform 
their duties in any part of the county. 

Commissioner and Overseers of Highways. — (The 
duties of these officers will be given in the chapter on 
Roads.) 



32 THE GOVERNMENT OF MICHIGAN 

Poundmasters. — As many poundmasters are elected 
viva voce as the annual meeting may direct. Any stray 
animal or any animal running at large, contrary to 
law, may be kept by a poundmaster until claimed. 
Certain fees and the cost of keeping must be paid by 
the owner. Not all townships elect poundmasters. 

Compensation. — Township officers are paid for 
their services by certain fees or at a certain rate per 
day when actually engaged in public business. 

Boards. — Besides these officers there are certain 
boards that perform important duties for the town- 
ship. 

The Township Board. — This is composed of the 
supervisor, the township clerk and the two justices 
of the peace whose offices soonest expire. If the 
annual township meeting fails to vote money for 
carrying on the work of the township, this board may 
vote a tax for such purpose, but not to exceed one 
thousand dollars. This board may give a company 
the right to build an electric road along the highways. 
It meets every year on the Tuesday before the first 
Monday in April and settles all claims against the 
township. The treasurer and all other officers who 
handle township funds for any purpose must make 
settlements with the board. It may pass certain 
township laws, or ordinances, and it has various other 
powers and duties. 

Board of Review. — This board is composed of the 
supervisor and two men elected as members at the 
annual township meeting, one being elected each year 
for a term of two years. It exists for the purpose of 
reviewing and correcting the assessments of property 



TOWNSHIPS 33 

for taxation as made by the supervisor. If any 
property has been omitted from the tax roll by the 
supervisor, it may be added by the board. It may 
also make corrections of names, change the valuation 
of property or do anything else that will make the 
assessment roll correct in every particular. 

On the fourth Monday of May and the day following, 
the board meets to hear the complaints of persons who 
think that their assessments are too high. 

Board of Health. — The township board acts at 
times as a board of health. As such it may order 
nuisances to be done away with, inquire into causes 
of sickness, regulate cemeteries and the burial of the 
dead, take measures for preventing the spread of 
contagious diseases and do such other things as shall 
preserve the health of the people of the township. It 
is the duty of the board to employ a physician who 
shall act as health officer of the township and who 
shall give advice to the board and carry out its orders. 
In case a physician cannot be obtained, another person 
may be appointed. 

Board of Registration. — The supervisor, clerk and 
treasurer constitute the board of registration. This 
board is in session on the Saturday before an election, 
for the purpose of making a list of the qualified voters 
in the township who wish to vote. 

Board of Inspectors of Election. — Elections are in 
charge of a board composed of the supervisor, clerk 
and the justice of the peace whose term of office soonest 
expires. (For the method of carrying on an election 
see Chapter VI). 



34 THE GOVERNMENT OF MICHIGAN 

Suggestions. — Pupils should find out when their town- 
ship was organized, how it received its name and its early 
history. 

It would be of interest to consult surveyors and find out 
how lands are surveyed, section lines marked, etc. 

Pupils living in the country should look up the descrip- 
tions of the farms on which they live. This information 
can be found in deeds and in tax receipts. 

The origin of the township and its place in New England 
history are good topics for study. See Fiske's " Civil 
Government." 

QUESTIONS 

1. How many square miles in a congressional township? 
How many acres? 

2. How is the location of land described in one of the 
older states like Massachusetts? 

3. What is an "inside forty"? 

4. What is a "long forty"? 

5. Where are the roads usually located? 

6. If a man built a house on the S. W. \ of the S. E. \ 
of a section, in what direction would his house probably 
face? 

7. How are township and section lines marked on the 
ground? 

8. Why does a deed usually call for so many acres "more 
or less"? 



CHAPTER IV 

VILLAGES AND CITIES 

When a considerable number of people live near 
each other there arises the need for such things as fire 
protection, sidewalks, a general water supply, police 
protection, street lighting, sewers and other things 
that are conducive to the health and comfort of the 
people. To meet these needs, villages and cities are 
organized with special forms and powers of govern- 
ment. When only a few hundred people live near 
together a village is formed; while a city government 
is better fitted for a large and dense population. 

Under a general law passed by the legislature, 
villages and cities may be incorporated and the people 
may adopt and amend their own charters. With 
certain restrictions imposed by the law they may 
arrange the details of their governments largely to 
suit themselves. Thus the pupil must expect to find 
considerable diversity of government among the villages 
and cities of the state. 

Village Officers. — The usual village officers are 
president, clerk, assessor, treasurer, marshal, street 
commissioner, constable and six trustees. They are 
usually elected in March. The president is the chief 
executive officer and presides over the meetings of 
the council, but votes only in case of a tie, He is a 
peace officer with power to maintain peace and order 



36 THE GOVERNMENT OF MICHIGAN 

in the village. The clerk keeps the books, records and 
papers of the village and is the clerk of the council. 
The assessor, as his name indicates, assesses the village 
taxes upon all property. The treasurer collects the 
taxes and keeps the financial accounts of the village. 
These officers are elected for a term of one year. The 
president appoints a marshal, who is the principal 
police officer of the village, and a street commissioner, 
who has charge of the building and repairing of side- 
walks, streets and bridges. The constable has duties 
similar to those of township constables. 

Three trustees are usually elected each year for a 
term of two years. They, with the president and clerk, 
constitute the village council. This body passes laws 
and regulations called ordinances. They may cover 
a variety of subjects such as public health, gambling, 
speed of vehicles, saloons, fire protection, sidewalks, 
cemeteries, parks, public entertainments, peddlers, 
building restrictions, etc. 

Wards. — Cities are divided into wards for conven- 
ience in carrying on elections and executing the laws 
and ordinances. The number depends upon the popu- 
lation of the city. In each ward there is usually elected 
annually a supervisor, constable and alderman. Each 
ward has two aldermen, one being elected each year 
for a term of two years. 

City Officers. — A mayor, clerk, treasurer and two 
justices of the peace are the officers usually elected 
by the whole city. The justices of the peace are 
chosen for a term of four years, the others for one year. 
Elections are usually held on the first Monday in April. 
The mayor is the chief executive officer and presides 



VILLAGES AND CITIES 37 

at the meetings of the council. The duties of the others 
are indicated by their names. The mayor appoints 
a marshal, or chief of police; a street commissioner; 
a chief of the fire department; and a city attorney, 
who gives advice upon all legal matters to the city 
officers and to the council, draws up ordinances for 
the latter when requested to do so and acts as the city's 
lawyer in all cases in which the city is a party. Other 
officers are elected or appointed in some cities. 

City Council. — The legislative body of a city is 
called the council or the common council. It is made 
up of the mayor, clerk, and aldermen from the several 
wards. The clerk keeps a record of the proceedings 
but has no vote. The mayor has no vote except in 
case of a tie. The powers and duties of this body are 
similar to those of the village council. 

Board of Public Works. — In many cities a board 
of five members is appointed by the mayor to have 
charge of the construction and management of the 
water works, public lighting, sewers and other public 
works. It is subject to the direction of the council 
and its acts must be ratified by that body. 

The largest cities of the state have a somewhat more 
elaborate system of government than that described 
here. 

Commission Government. — A new form of city 
government is being adopted somewhat extensively 
in the United States and is already in operation in 
several cities of Michigan. This commission form of 
government, as it is called, aims to secure a more 
business-like administration of city affairs by reducing 
the number of officials, by securing more expert men for 



38 THE GOVERNMENT OF MICHIGAN 

the various positions, by paying them sufficient salaries 
so that they may give their entire time to the work and 
by holding them responsible for efficient service. Under 
this form of government the council is composed of a 
mayor, clerk and three or five commissioners, the 
latter of whom are chosen from the whole city instead 
of by wards, and each of whom is the executive head of 
some department of the city's business, such as streets 
and parks, fire and police protection, water and sewers, 
finances, etc. 

The commission form of government will doubtless 
become more prevalent in the future, as under the old 
form our cities are frequently not governed with econ- 
omy and efficiency and the opinion is growing that a 
city is largely a business corporation and that its affairs 
should be carried on according to business principles 
rather than along political lines. 

Suggestions. — Pupils living in a village or a city should 
make a special study of their own local government, finding 
out its peculiar problems and determining whether its 
affairs are efficiently and economically administered. 

The class could profitably investigate the commission 
form of government and discuss its merits. Many magazine 
articles on the subject can be found. 

Members of the class might attend a meeting of the village 
or city council. 

Pupils may be assigned different departments of the city 
government for investigation and report on their findings. 

QUESTIONS 

1. What is the smallest number of people that may be 
incorporated into a village in Michigan? Into a city? 



VILLAGES AND CITIES 39 

2. Are there any limits to the areas that they may occupy? 

3. How did your village or city get its name? 

4. What determined the location of your village or city? 

5. What have been the causes of growth of your village 
or city? 

6. Are the sidewalks of your village or city built by the 
owners of adjacent property or by the village or city? Why? 
Who pays for them? 

7. Are the waterworks, sewers, electric lighting system 
and gas plant of your village or city owned and managed by 
the village or city or by private firms and corporations? 

Would it be better to have them all managed by public 
authority? Why? 

8. If you should be injured because of a defective public 
sidewalk, could you obtain damages? Of whom? How 
would you proceed to collect them? 



CHAPTER V 

COUNTIES 

Organization. — The whole state has been divided by 
the legislature into eighty-three counties for purposes 
of carrying on local government and for convenience 
in executing the laws of the state, 
i The oldest county in the state is Wayne, which was 
formed in 1796. It was then of great size, comprising 
a large part of what is now Michigan and parts of Ohio 
and Indiana. The next oldest county is Monroe, 
which was organized in 1817. It was given its name 
because President Monroe was coming that year to 
visit the Territory of Michigan. The youngest county 
is Dickinson, which was organized in 1891 and named 
after Mr. Don M. Dickinson, a resident of Detroit 
and a prominent citizen of the state. 

Counties in Michigan vary somewhat in size and 
shape, but most of them are approximately twenty- 
four miles square, being composed of sixteen congres- 
sional townships. No county can be reduced to a 
size smaller than that except by a majority vote of 
the voters residing in it. 

Each county erects its own court house, in which 
the circuit and probate courts hold their sessions. In 
this building the county officers have their offices, and 
all important records, books, papers, etc., are stored 



COUNTIES 41 

there for safe keeping. A county jail and a residence 
for the sheriff are also erected in each county. 

The place where the court house and the jail are 
located is called the county seat. The county seat 
can be changed by a two-thirds vote of all the members 
of the board of supervisors and by a majority vote of 
the electors voting on the question. 

County Officers. — At the general election held on 
the first Tuesday after the first Monday in November 
of the even years, the people elect a sheriff, clerk, 
treasurer, register of deeds, prosecuting attorney, 
surveyor, drain commissioner, two coroners, and one 
or two circuit court commissioners for a term of two 
years, and a judge of probate for a term of four years. 
The school commissioner is elected at the spring 
election for a term of four j^ears. The board of super- 
visors chooses two school examiners for a term of two 
years and three superintendents of the poor for three 
years. These officials enter upon their duties on the 
first day of January following their election, except 
the commissioner of schools, who takes office July 1. 
These officials may, for good and sufficient reason, be 
removed from office by the governor. 

Sheriff. — Hundreds of years ago there was an officer 
in England called the shire-reeve. He was the most 
important officer in a shire or county. From his title 
our word sheriff is derived. 

It is the duty of the sheriff to preserve peace and to 
keep order in the county. He has charge of the county 
jail and guards and cares for the prisoners confined in 
it. He attends the sessions of the circuit court, keeps 
order in the court room, and serves subpoenas, war- 



42 THE GOVERNMENT OF MICHIGAN 

rants and other writs and orders of the court. He 
may also serve writs issued by a justice of the peace. 

But the sheriff's work is not confined entirely to the 
duties just named. He has many important civil duties 
to perform, such as serving notices of elections, selling 
property on mortgage foreclosures, etc. 

He can hold office only four years out of six. He 
appoints an under-sheriff and deputies who assist 
him in the performance of his duties. A sheriff or 
his deputy may call upon other persons to assist in 
arresting a person or persons and in maintaining order. 

Clerk. — The clerk keeps a record of births, mar- 
riages and deaths in the county, and issues marriage 
licenses and hunting licenses. He is clerk of the cir- 
cuit court; he keeps a record of its proceedings, ad- 
ministers oaths to jurors and witnesses, fills out papers 
and writs for the court and keeps its seal and draws 
the names of jurors. He is also clerk of the board of 
supervisors. 

Treasurer. — The treasurer receives from the town- 
ship .and city treasurers the county and state funds 
that have been raised by taxation. He sends the latter 
to the state treasurer and keeps the county funds, pay- 
ing them out as needed for county expenses. In counties 
where 'liquors are allowed to be sold he issues saloon 
licenses. He sells every year lands upon which the 
taxes have not been paid. He can hold office but 
four years out of six. 

Register of Deeds. — In order to preserve an accu- 
rate record of the ownership of lands and thus prevent 
disputes, mistakes and fraud, an officer called a 
register of deeds is elected, in whose office are recorded 



COUNTIES 43 

all papers showing real estate transactions, such as 
deeds, mortgages, land contracts and village plats. 
It is very important that every such document be 
promptly recorded and the record carefully preserved. 

Prosecuting Attorney. — The prosecuting attorney 
is the county's lawyer. County officers may get legal 
advice from him as to the performance of their duties. 
He acts for the county in any suit in which it may be 
involved. He acts also as a lawyer for the state in 
prosecuting and attempting to bring to punishment 
those within his county who have committed crimes 
and have violated the state laws. 

Surveyor. — The county surveyor or a person ap- 
pointed by him surveys lands, roads, ditches, fences, 
etc., as required by a court or by any resident of the 
county. He keeps a permanent record of all such 
surveys and turns it over to his successor. 

Coroners. — The principal work of the coroners is 
to inquire into the causes of sudden, violent or sus- 
picious deaths. In such cases, a coroner summons 
a jury of six men to hear witnesses, make investigation 
and render a verdict as to the cause of such death. 
This is done for the purpose of finding out whether a 
crime has been committed. 

A justice of the peace may hold an inquest the same 
as a coroner upon the request of five citizens. 

Circuit Court Commissioners. — These officers, who 
must be lawyers, are assistants to the circuit judge. 
They have power to act in place of the judge out of 
court, in taking testimony and in taking and dis- 
charging bail in certain cases. In a few cases they 
may hold a court similar to a justice's court. Two 



44 THE GOVERNMENT OF MICHIGAN 

commissioners are elected in counties having a popu- 
lation of 20,000. 

Judge of Probate. — The judge of probate protects 
the rights and interests of certain classes of helpless 
people. Children who are orphans or whose parents 
cannot properly care for them may be placed in homes 
or sent to the State School at Coldwater by the judge 
of probate. Boys and girls under the age of seventeen 
who have fallen into vice or crime, who are truants 
from school or who cannot be managed by parents 
and teachers may be brought into the probate court 
and disposed of as the judge may think best. He may 
appoint guardians for persons under age. He may 
also commit insane people to asylums. 

In this court the estates of persons who have died 
are settled and their property divided. If a will has 
been left, it is " probated/' i.e. it is filed in the pro- 
bate court, proved to be genuine, and its provisions 
carried out under the direction and supervision of 
the judge of probate. Executors and administrators 
are appointed by him to settle estates of deceased 
persons. 

Drain Commissioner. — The name of this officer 
indicates his duties. He may lay out, widen, deepen 
or straighten, ditches and water courses where needed 
for the improvement of land or for the health of the 
community. 

Superintendents of the Poor. — These officers have 
general charge of those persons who because of poverty 
are permanently unable to care for themselves and 
are dependent upon public aid. They usually remove 
such poor people to the county poor house or poor 



COUNTIES 45 

farm, over which the superintendents have control 
and for which they appoint a keeper. A supervisor 
may grant aid from township funds to persons in his 
township who are in temporary need. 

School Commissioner and Examiners. — The com- 
missioner is the principal school officer of the county. 
He visits the schools and advises with teachers and 
school officers in regard to the best methods of school 
management. He is the local manager of teachers' in- 
stitutes. He has many other important powers and 
duties in relation to teachers and schools. Together 
with the two examiners he constitutes the county 
board of examiners. This board conducts teachers' 
examinations and eighth-grade examinations, looks 
over examination papers and grants certificates. 

Board of Supervisors. — This important county 
board is composed of the supervisors from the several 
townships and at least one from each city. Sometimes 
each ward of a city elects a supervisor. The represen- 
tation upon the board differs in different cities. The 
board has both legislative and administrative powers 
and duties. It holds two regular meetings at the 
county seat every year in October and January. It 
frequently holds special meetings. 

It may buy land for county purposes, erect buildings, 
borrow money, levy taxes, equalize the assessments 
among the townships and cities, fix the compensa- 
tion of many of the county officers, elect certain 
officers, organize or divide townships, audit claims and 
accounts and pass regulations and ordinances for 
purely county affairs if not in conflict with state laws. 
These county laws, in order to be valid, must be signed 



46 THE GOVERNMENT OF MICHIGAN 

by the governor or passed by a two-thirds vote of the 
board over his veto. 

The board chooses one of its members to act as 
chairman. The county clerk is clerk of the board. 
Its business is done largely by standing committees 
made up of its members. 

Board of Election Commissioners. — The judge of 
probate, the county clerk and the county treasurer 
constitute a board for the purpose of providing the 
official ballots for elections held in the county. 

Board of County Canvassers. — The board of 
supervisors chooses three men for a term of two years, 
who, with the county clerk, constitute a board whose 
duty it is to determine who have been elected to office 
at each general election. 

County Road Commissioners. — In a county having 
the county road system a board of not more than five 
commissioners is elected at the April election for a 
term of six years. They construct and maintain any 
roads of the county that they may take over as county 
roads. 

Compensation. — Certain county officers receive 
yearly salaries, some receive so much per day when 
engaged in the work of their offices, while others are 
paid fees for their services. 

The Local Option Liquor Law. — The manufacture 
and sale of intoxicating liquors may be allowed or pro- 
hibited in any county by the voters. Upon petitions 
signed by at least one-third of the voters of the county 
the board of supervisors shall submit the question to a 
vote of the people. About one-half the counties of 
the state have voted against licenses. 



COUNTIES 47 

Liquor Licenses. — In counties where liquors are 
allowed to be sold, a person must obtain a license before 
he can engage in the liquor business. A license for 
selling liquors at retail costs $500. Of this amount, 
after one per cent is deducted by the county treasurer 
as a fee, one-half goes to the county treasury and the 
other half to the township, village or city where the 
saloon is situated. A license is good for one year from 
May 1. A tax must also be paid and a license obtained 
for the privilege of manufacturing intoxicating liquors. 
In the upper peninsula the whole amount of the tax, 
less the one per cent fee, goes to the township, village 
or city. 

Suggestions. — Make a study of the history of your 
county, learning when it was organized, and the origin of 
its name. 

Look up the history of the office of sheriff in England. 

Blank forms of deeds, mortgages and other documents 
may be purchased at newspaper offices, stationery stores 
and other places. Use these for illustrations in class. 

QUESTIONS 

1. What is the origin of the word " county"? 

2. Give the origin of the names of as many counties in 
Michigan as you can. 

3. What is the origin of the word " coroner " ? 

4. Who would arrest the sheriff in case he committed a 
crime? 

5. What persons are confined in the county jail? 

6. Do they work while there or live in idleness? 

7. What is a deed? 

8. What is a mortgage? 



48 THE GOVERNMENT OF MICHIGAN 

9. Why should these documents be recorded? 

10. How may a child be legally adopted into a family? 

11. What is a sheriff's sale? 

12. What is an abstract? 

13. What are the legal qualifications of a school com- 
missioner? Of an examiner? 



CHAPTER VI 

ELECTIONS 

Voters. — The state constitution tells who may vote 
in Michigan. In all but school elections any man 
may vote who is twenty-one years of age, who is a 
citizen of the United States and who has resided in 
the state for six months and in the township or 
voting precinct of a city for twenty days just pre- 
ceding the election. 

An amendment to the state constitution allowing 
women to vote at all elections was defeated by a small 
majority at the fall election in 1912. (For qualifica- 
tions of voters at school elections see Chapter II.) 

Registration. — To prevent fraud and illegal voting 
it is required that qualified voters must be registered 
before they may vote. The board of registration in 
a village is composed of two trustees and the village 
clerk; in a city, of the two aldermen in each ward; 
in a township, of the supervisor, clerk and treasurer. 
These boards meet usually on the Saturday preceding 
an election and make a list of all qualified voters who 
present themselves for registration. In case a person 
not properly qualified gets his name recorded he may 
be looked up before election and prevented from 
voting. When once a person is registered he is not 
required to register again for several years unless he 



50 THE GOVERNMENT OF MICHIGAN 

removes from the voting precinct. No person can 
vote on election day whose name is not on the regis- 
tration list unless he takes an oath that he was un- 
able to register on account of sickness or necessary 
absence. 

Election Commissioners. — Official ballots for elec- 
tions of county, state and national officers are pre- 
pared by the county board of election commissioners, 
which is made up of the judge of probate, county clerk 
and county treasurer. The township board performs 
this duty for township elections. In cities and villages 
the council chooses commissioners to prepare ballots 
for city and village elections. 

Inspectors of Election. — In townships, the board of 
election inspectors is composed of the supervisor, 
clerk and two justices of the peace whose terms of 
office soonest expire; in villages, the president, clerk, 
and one trustee, or three trustees; in cities, the super- 
visor and two aldermen in each ward. These boards 
have charge of the election. An additional man is 
chosen to act as one of the clerks. 

How an Election is Conducted. — A railing is erected 
across the room in which the voting takes place with 
a gate at each end for the entrance and exit of voters. 
A gate-keeper is in charge of each gate. No one is 
allowed inside this railing except the inspectors and 
clerks of election, challengers and persons engaged in 
voting. Each political party may have not more than 
two challengers present, who have the right to challenge 
or object to any voter who, they think, is not qualified 
to vote. 

Booths are erected inside the railing into which the 



ELECTIONS 51 

voters go to prepare their ballots. But one voter is 
allowed in a booth at one time, in order that the voter 
may mark his ballot in secret. 

The polls are open from seven o' clock in the morning 
until five in the afternoon. In large cities, the hours 
are sometimes different. 

The election officers sit at a table inside the railing 
with the ballot boxes before them. The voter enters 
and is given one of the official ballots by a member of 
the board, and his name is recorded by the clerks. He 
goes into a booth and marks and folds the ballot so 
that no one can see how he votes. He takes the ballot 
to the board and, if he is duly qualified to vote, his 
ballot is deposited in the ballot box by one of the board. 
He then goes outside the railing. No ballots may be 
taken outside the railing. 

The names of all candidates are printed upon each 
ballot in columns according to tlieir party. Nobody 
is permitted to have ballots printed except the official 
commissioners. 

A voter may have assistance in marking his ballot 
if he is physically unable to do so or if he cannot read 
the English language. 

Separate ballots and ballot boxes are used when- 
ever such questions as local option, a constitutional 
amendment, issuing bonds for any purpose, or adopt- 
ing a county road system are to be voted on. 

Counting the Votes. — As soon as the polls are 
closed, the election inspectors proceed to count the 
votes and record and publicly announce the result. 
The candidates for local offices who have received the 
greatest number of votes are declared elected. 



52 



THE GOVERNMENT OF MICHIGAN 





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5 



ELECTIONS 53 

When county officials are elected, the board of 
election inspectors sends the results of the election 
in each voting district to the board of county can- 
vassers, which is made up of three men chosen by 
the board of supervisors. This board determines what 
officers have been elected. 

In districts such as congressional, legislative and 
judicial, comprising two or more counties, the board 
of canvassers is composed of the county clerks of the 
counties composing the district, and the sheriff and 
probate judge of the county where the board meets. 
The board holds its meetings in the office of the clerk 
of the county having the largest population in the 
district. 

When state officials are elected, the returns from 
each county are sent to the state board of canvassers, 
composed of the secretary of state, treasurer and land 
commissioner, who determine who has been elected. 
This board also determines what presidential electors 
have been chosen. 

Voting Machines. — Voting machines may be 
adopted by the proper authorities for use at elections 
in Michigan. So far they have been used in only a 
few places. They are very ingenious devices, not 
only recording each vote cast but adding the votes 
at the same time, so that at the close of the voting 
the officials may read the result from the machine 
immediately. No ballots are used with them. They 
will probably be used more generally in the course of 
time. Their adoption has been hindered because of 
their cost and because many voters object to using 
them, thinking that they are difficult of manipulation. 



54 THE GOVERNMENT OF MICHIGAN 

The Nomination of Officers. — The nomination of 
officials is almost as important as their election. For 
a long time the manner in which they were placed in 
nomination was left entirely to individuals, groups of 
individuals and political parties. There thus grew up 
a system of caucuses and conventions for this purpose. 

Under this system a caucus is held by each political 
party in each township and ward. Any voter of the 
party holding the caucus who lives in the township or 
ward may attend and vote, but usually only a few are 
present. At this meeting township or ward officials 
are nominated for the election which is soon to take 
place. City officials, except in cities of over 70,000 
inhabitants, are usually nominated at a city convention 
composed of delegates chosen in the ward caucuses. 

County officials were formerly nominated by each 
political party at a county convention which was held 
sometime before the election. This convention was 
composed of delegates chosen at caucuses held in each 
township and ward in the county. 

In congressional, legislative and judicial districts 
composed of two or more counties, conventions were 
held for the nomination of district officials. These 
conventions were made up of delegates chosen at 
county conventions held in each county making up 
the district. 

Some state officials are still nominated by each party 
at a state convention composed of delegates chosen 
at county conventions held in each county of the state. 

Under this system many abuses grew up. Generally 
the voters took little interest in the caucuses and only 
a few attended them. In this way it became easy for 



ELECTIONS 55 

the politicians and those personally interested to con- 
trol the caucus and nominate such officials and choose 
such delegates to the county conventions as they wished. 
Conventions can easily be managed and manipulated 
by a few skillful and experienced politicians so as to 
get officials nominated and delegates chosen to serve 
their interests. Through this system, unfit men were 
too often nominated and elected to office and selfish 
interests were furthered to the injury of the people. 

So many people having become dissatisfied with 
the caucus-convention system of nominating officials, 
an agitation was started a few years ago which has 
resulted in the legislature passing laws governing to 
a large extent the methods of nominating candidates. 
A large number of officials are now nominated in 
Michigan by what is called the direct primary system. 

Under this system, the voters of each party choose 
men to be candidates for various offices at a primary 
election, which is conducted as nearly as possible like 
a regular election. In this way it is easier for an ordi- 
nary voter to have a voice in selecting candidates for 
office. 

Candidates wishing to have their names put on the 
ballot for nomination must present a petition signed 
by a certain per cent of the voters of their party. 
Separate official ballots for each party are used at the 
primaries. The candidate receiving the highest vote 
at the primary election becomes the candidate of his 
party at the regular election following. The boards 
that have charge of election matters also conduct the 
primaries and canvass the votes. 

The following officials are now nominated by this 



56 THE GOVERNMENT OF MICHIGAN 

method: governor, lieutenant governor, United States 
senators, congressmen, circuit judges, members of 
the state legislature, officials in cities of over 70,000 
population and county officials. Officials in cities 
of a population of less than 70,000 may be nominated 
by the primary method if the voters vote in favor of 
it. Delegates to county conventions, which are to 
choose delegates to a state convention for the nom- 
ination of state officials, are also chosen at the August 
primary. 

Before a person may vote at a primary election he 
must be enrolled in some political party, and he may 
vote only for candidates of the party in which he is 
enrolled. Two enrollment days each year are provided 
for, — the last Saturday in January and the first 
Monday in April. A qualified elector may be enrolled, 
also, by handing a written request to that effect to 
the township clerk or other official having charge of 
the enrollment book, accompanied by an affidavit 
setting forth certain information, at least two months 
before a primary election. A voter who was pre- 
vented from enrolling because of sickness or un- 
avoidable absence may vote at a primary election 
under oath. 

The boards of election inspectors are the enrolling 
boards. 

The regular primary elections for all parties are held 
on the last Tuesday in August preceding a general 
election in November, and on the first Wednesday in 
March prior to the spring election. 

On the first Monday in April preceding a presidential 
election, a presidential preference primary is to be held 



ELECTIONS 57 

in order that the voters of each party may express their 
choice of a candidate for president. 

Party Machinery. — Each political party chooses 
certain committees to manage its affairs. Thus there 
is a state central committee, consisting usually of a 
chairman, secretary, treasurer and two members from 
each of the thirteen congressional districts of the state. 
This committee chooses the time and place for hold- 
ing state conventions and apportions the number of 
delegates among the various counties according to the 
number of votes cast for that party at the last election. 
Each party likewise has a county committee to call 
the county conventions and apportion the delegates 
among the townships and wards. There are also 
district, township, city and ward committees. 

The members of these various committees are chosen 
in the appropriate conventions or caucuses. They 
help to carry on a political campaign by distributing 
literature, securing speakers, arranging meetings, raising 
money, etc. 

Suggestions. — Instruction ballots may be obtained from 
election officials. They are of value in teaching this sub- 
ject. 

If possible, the pupils should visit a voting place on 
election day and watch the process of voting. 

A debate on woman suffrage might be encouraged. 

In some schools a mock election might be held on the 
day of the real election. 

The former methods of nominating officials and conduct- 
ing elections would make a good subject for investigation. 
The "boss" and the "machine" in politics would also be 
good topics for discussion. 



58 THE GOVERNMENT OF MICHIGAN 

The duty of taking part in carrying on government and 
the importance of clean politics should be emphasized. 

QUESTIONS 

1. Is voting a right or a privilege? 

2. In how many states may women vote at all elections? 

3. May a student attending college, if a legally qualified 
voter, vote in the college town? (See the constitution of 
Michigan.) 

4. How is the order of arrangement of party columns 
on the ballot determined? 

5. Is there any way of finding out how a person votes? 

6. Can fraudulent voting be carried on under the present 
system? 

7. What are the advantages of the present system of 
voting over former methods? 

8. What is a "straight" ticket? 

9. What is the difference between a majority and a 
plurality? 

10. Must a candidate receive a majority or a plurality 
in order to be elected? 

11. How do we usually find out who is elected before the 
canvassing boards meet? 



CHAPTER VII 

ROADS 




A Country Road Before Improvement 

The construction and repair of roads is left largely 
to local authorities, although the state aids by appro- 
priating money to assist in the building of good roads. 
There has been much discussion for several years past 
in regard to building better roads, and as a result the 
highways of the state are being rapidly improved. 

In cities and villages the streets are cared for by the 
street commissioner, the cost being defrayed by local 
taxation. 



60 



THE GOVERNMENT OF MICHIGAN 



Highway Commissioner. — Most country roads are 
still under the supervision of the townships. A high- 
way commissioner is elected at the spring election. 
It is his business to direct the work of constructing new 
roads and bridges and to see that old ones are kept in 
good condition. It is his duty, also, to have noxious 
weeds along the highways cut twice each year. He is 




The Same Road After Improvement 

the fence viewer for his township; that is, in case of 
a dispute between two owners of land as to the proper 
location or condition of a line fence, he may settle 
the matter. 

Overseers of Highways. — Each township may 
constitute one road district, or the commissioner to- 
gether with the township board may divide the town- 
ship into two or more road districts. For each district 
an overseer is elected annually at the spring election. 



ROADS 61 

It is his duty to report to the commissioner any 
defects in the roads of his district and, under the 
direction of the commissioner, to take charge of the 
construction and repairs of roads and bridges in his 
district. He may make emergency repairs not ex- 
ceeding ten dollars in cost without consulting the 
commissioner. 

Highway Taxes. — The expense of building and 
repairing township roads and bridges is defrayed by 
township taxes. 

County Road System. — The board of supervisors 
may, upon petition, submit to the voters of the county 
the question of adopting the county system of caring 
for roads. In case the system is adopted by the voters, 
a board of county road commissioners, not to exceed 
five in number, is elected by the people of the county. 
This board may take over such roads as it wishes and 
may maintain them as county roads. It may also 
construct new roads. The expense of maintaining 
county roads is defrayed by a county tax. All roads 
not taken over as county roads by the board remain 
under the care of the township officers. 

State Aid for Highways. — To encourage the 
building of better roads the state legislature appro- 
priates money to aid in the construction of certain 
kinds of highways. A state highway department has 
been created with a commissioner at its head. It is 
the business of this department to give instruction in 
the building, improving and repairing of roads and 
bridges and to distribute the state reward funds for 
the building of improved roads. This department 
gives a certain amount per mile to townships and 



62 THE GOVERNMENT OF MICHIGAN 

counties for different kinds of roads built according 
to the specifications of the department. 

Suggestions. — The economy of good roads and the 
cost, construction and relative merits of different kinds of 
roads may well be investigated and discussed by the class. 
The advantages and disadvantages of the township and 
county systems of caring for highways may be debated. 
Valuable information may be obtained from the state 
highway commissioner. 

QUESTIONS 

1. In what condition are the roads in your vicinity? 

2. Has any improvement recently been made in them? 

3. Who should be most interested in having good roads? 

4. What are so-called "state" roads? Are there any 
near where you live? 

5. What are "state reward" roads? 

6. What are noxious weeds? 

7. Is the owner of a farm required to maintain fences 
along the highway? 

8. How wide is a highway in the country? 

9. How many acres in a mile of highway? Is so much 
land needed for the purpose? 

10. What is "the law of the road"? 

11. How many road districts in your township? 

12. By what process may interested persons get a new 
road opened? 



CHAPTER VIII 

TAXATION 

Assessment. — The money required to carry on 
the operations of the various branches of the govern- 
ment is raised by taxation. The supervisors in the 
townships and in the wards of cities having such 
officers estimate the value of each person's property 
for purposes of taxation. In villages this work is done 
by assessors when money is to be raised by tax for 
village purposes. In some cities assessors perform 
this duty instead of the supervisors. This assessment 
is made by the supervisors in April and May of each 
year. They are supposed to estimate and place upon 
their rolls the cash value of every piece of property 
subject to taxation, both real estate and personal 
property, together with the owner's name. 

Review. — The supervisor and two other men elected 
for the purpose constitute the board of review in the 
township. They examine the assessment roll that has 
been made out by the supervisor and change and 
correct it if they deem it necessary. If a person thinks 
that he has been dealt with unfairly in the assessment 
of his property, he may appear before this board and 
ask for a correction. 

Equalization. — The board of supervisors examines 
the rolls of the several supervisors and determines 
whether the real estate of the various townships and 



64 THE GOVERNMENT OF MICHIGAN 

wards has been assessed at the same relative value. 
If the assessments are not considered uniform, the 
board may add to, or take from, the total valuation 
of any township or ward until relative equality is 
established. 

No change is made in the valuation of personal prop- 
erty. Neither is any change made in any individual's 
real estate valuation. Merely the valuation of the 
entire township or ward is equalized for the purpose of 
apportioning the county and state taxes. 

The state board of equalization consists of the lieu- 
tenant governor, the auditor general, the secretary 
of state, the state treasurer and the commissioner of 
the state land office. Once in five years this board 
equalizes the valuations of real estate among the sev- 
eral counties of the state in the same way that the 
board of supervisors does among the townships and 
wards. Each board of supervisors usually sends a 
representative to appear before the state board when 
it meets. 

Exemptions. — Certain property is exempt from 
taxation, such as that of the United States, the state, 
county, township, village, city, school district, and 
property belonging to charitable, benevolent, educa- 
tional, scientific and religious societies, together with 
the property of poor persons who are unable to pay 
taxes. Certain kinds and amounts of personal property 
are also exempt from taxation. 

Apportionment. — The state legislature determines 
how much money is to be raised for state purposes 
and the auditor general divides or apportions it among 
the several counties according to the valuation of each. 



TAXATION 65 

The board of supervisors determines the amount to 
be raised for county purposes and apportions this 
and the county's share of the state tax among the 
townships of the county according to the valuation 
of each. The township meeting and the township 
board determine the amount to be raised for township 
purposes and the supervisor apportions this, together 
with the township's share of the county and state 
taxes, among the taxpayers of the township. The 
amount to be raised for school purposes in each district 
is determined by the annual school meeting and the 
school board. The supervisor apportions this amount 
among the taxpayers of the respective districts. 

Dog Tax. — A special tax is levied upon dogs, — 
one dollar for a male dog and three dollars for a female 
dog. The supervisors assess this tax in the country. 
In cities a dog warden is sometimes appointed for this 
purpose. The money raised by this tax is used to 
pay for sheep killed or injured by dogs. If more than 
enough for this purpose is raised, one hundred dollars 
is kept for a reserve fund and any surplus above that 
amount is divided among the school districts accord- 
ing to the number of children of school age in each. 

Collection. — The township treasurer collects the 
school, township, county and state taxes. He keeps 
the township taxes and turns over to the treasurers 
of the several school districts of his township the school 
taxes for their respective districts, and to the county 
treasurer the county and state taxes. The county 
treasurer turns over the state taxes to the state. 
Village taxes are collected by the village treasurer. 
The city treasurer or collector collects the city, school, 



66 THE GOVERNMENT OF MICHIGAN 

county and state taxes from property holders in his 
city. 

Taxes are usually collected during the months of 
December and January. On taxes paid by January 
tenth one per cent is charged for collection; after 
that date four per cent is charged. Village and city 
taxes are sometimes collected at other times. The 
city treasurer or collector is frequently paid a salary 
instead of being given the one per cent or four per 
cent for collection. All taxes are supposed to be paid 
before March first. If a person neglects or refuses to 
pay his taxes, they become delinquent and enough 
of his property may be sold to pay them. 

Board of Tax Commissioners. — The three members 
of this board are appointed by the governor. They 
assess for purposes of taxation the property of the rail- 
roads, telegraph and telephone companies, express 
and Pullman car companies and other companies 
engaged in the transportation business. Such cor- 
porations do not pay local taxes in Michigan but pay 
their taxes directly to the state treasury. Most of 
the money from this source goes into the primary 
school interest fund. 

This board also exercises a general supervision over 
the assessment of property throughout the state and 
sees to it that all property liable for taxes is placed 
upon the tax rolls at its true value. The board or 
some member of the board is expected to visit each 
county once every year to receive complaints in regard 
to taxation, to confer with the assessing officers and 
to see that the laws in regard to taxation are complied 
with. 



TAXATION 67 

Suggestions. — Old tax receipts should be brought before 
the class for examination. The relative amounts of the 
different kinds of taxes should be noted. 

Get a supervisor or assessor to come before the class with 
his tax roll and explain how taxes are levied and collected. 

Discuss the reasons for exempting certain kinds of property 
from taxation. 

Discuss the difficulty of levying taxes fairly and equitably, 
and the merits and defects of various methods of taxation. 

Bring out the dishonesty and lack of patriotism of tax 
dodging. 

QUESTIONS 

1. What is the difference between real estate and per- 
sonal property? 

2. Is real estate usually assessed at its market value in 
your community? 

3. Why is it difficult properly to assess personal property? 

4. What is the rate of taxation in your city or township? 

5. Are taxes usually paid with willingness? Why not? 

6. What does a person receive in return for the money 
which he pays as taxes? 

7. Are the benefits received generally in proportion to 
the amount paid? 

8. Why is a special tax levied upon dogs? 

9. Does any portion of the money which a person pays 
as taxes to a township or a city treasurer go for the support 
of the United States government? 



CHAPTER IX 

LIBRARIES 

The constitution says that " The legislature shall 
provide by law for the establishment of at least one 
library in each township and city; and all fines 
assessed and collected in the several counties, cities 
and townships for any breach of the penal laws 
shall be exclusively applied to the support of such 
libraries." 

Township Library. — The legislature has provided 
that a library may be maintained by any organized 
township and shall be under the control of the town- 
ship board. The board has power to fix its location, 
appoint a librarian, purchase books and make all 
needful rules and regulations to govern it. A tax for 
its support may be voted at the annual township 
meeting. 

School District Library. — A school district library 
may be established by a majority vote at an annual 
or special school meeting. When such a library has 
been established, it is entitled to its share of the books 
of the township library and its due share of township 
funds raised for this purpose. The school board has 
general charge of the district library. The annual 
school meeting may vote a tax for its support. 

City Library. — The council of any city may estab- 
lish and maintain a library and reading room and may 



LIBRARIES • 69 

levy a tax for that purpose. Its management is 
entrusted to a board appointed by the mayor. 

Village Library. — A village may vote to establish 
a library and the council may appropriate money 
for its maintenance. A board is appointed to man- 
age it. 

Library Money. — In addition to the funds appro- 
priated by the proper authorities as indicated above, 
libraries receive the money paid as fines for penal 
offenses. Such fines are paid into the county treasury 
and distributed annually among the several townships, 
school districts, villages and cities entitled to receive 
library money, according to the number of children of 
school age in each. This money may be used only for 
library purposes. 

State Library. — The state library is in the capital 
building at Lansing, and is under the supervision of a 
librarian appointed by the governor. It is supported 
by an appropriation made by the state legislature. 
A traveling library of fifty choice books may be 
obtained from the state library by schools, libraries, 
granges, clubs and societies, at the expense of trans- 
portation. 

Suggestions. — The members of the class should learn 
all they can about their local library, — cost of maintenance, 
number of volumes, how it is managed, selection of books, 
extent to which it is used, value to the community, etc. 

QUESTIONS 

1. Has your school district a library? If so, are the 
books in it suitable for the pupils of the school? 



70 • THE GOVERNMENT OF MICHIGAN 

2. If your district has not a library, do you think that 
one should be established? 

3. Has your school ever had a " traveling library"? 

4. Is it better to have one township library or a library 
in each school district? 

5. Why does not each school district maintain a library? 



CHAPTER X 

THE STATE — THE LEGISLATIVE DEPARTMENT 

The legislature is the law-making branch of the 
state government. It consists of two houses or 
divisions, the senate, or the upper house, and the house 
of representatives, or the lower house. The senate is 
composed of thirty-two members and the house of 
representatives, often called "the house/' of one hun- 
dred members. The term of office of the members 
of both houses is two years. 

Districts. — Each senator and representative is 
elected from a separate district unless a city has a 
population large enough to entitle it to more than one 
member of the house of representatives, in which case 
as many representatives are elected from the city at 
large as it is entitled to. The legislature divides the 
state according to population into senatorial and 
representative districts, but if a county is entitled to 
more than one representative, the board of super- 
visors divides the county into two or more districts. 
This division of the state into districts takes place 
once in ten years, in those years ending in the figure 
"3," and is based upon the census of the United States 
taken three years before. 

Qualifications of Members. — Every member of 
the legislature must be a citizen of the United States 
and a qualified voter of the district which he represents* 



72 THE GOVERNMENT OF MICHIGAN 

No United States, state or county officer, except 
notaries public, officers of the militia and officers 
elected by townships, may be elected members of the 
legislature. 

Compensation. — Members receive $800 for a regu- 
lar session of the legislature. For a special session 
they receive five dollars per day for the first twenty 
days only. They are paid ten cents per mile for one 
round trip from their homes to Lansing for each regular 
and each special session. 

Time of Election. — Members of the legislature are 
elected at the general election on the first Tuesday 
following the first Monday in November of the even 
years. 

Time of Meeting. — The regular session of the 
legislature begins at Lansing on the first Wednesday 
of January following the election of members. It 
usually lasts for four or five months, ending when both 
houses pass resolutions to adjourn. 

Quorum. — A majority of the members of each 
house constitutes a quorum; that is, a sufficient num- 
ber to do business. 

Officers. — Each house chooses its own officers 
except that the presiding officer of the senate is the 
lieutenant governor, who is elected by the people. 
He has no vote in the senate. The presiding officer 
of the lower house is called the speaker. He is chosen 
by the members of that house from their own number. 
He may vote on all questions. Each house chooses 
a sergeant-at-arms t who is the police officer for the 
house. There are also secretaries or clerks for each 
house, proof-readers, stenographers, pages, etc. The 



THE STATE-LEGISLATIVE DEPARTMENT 73 

various officers and employees of the senate usually 
number about forty-five and of the house about 
sixty. 

Power of the Houses over their Members. — Each 
house is the judge of the qualifications and the election 
of its own members. It may compel the attendance 
of absent members by sending the sergeant-at-arms 
to bring them in. It may expel a member by a two- 
thirds vote of all the members elected, but a member 
cannot be expelled a second time for the same cause. 
Only one member has ever been expelled from the 
legislature of Michigan. 

How Laws are Made. — A proposed law, which is 
called a bill, may be introduced in either house by any 
member. It is then referred to one of the standing 
committees, of which there are about sixty in each 
house, appointed by the presiding officer at the begin- 
ning of the session. 

The committees consider the bills referred to them 
and report on them with recommendations that they 
be passed or that they be not passed. The com- 
mittees may amend or modify bills before reporting 
on them. Many bills are killed by the committees; 
that is, they never report them and they are not, 
therefore, acted upon by the houses. The work of 
these committees in framing legislation is very 
important. 

After a bill is reported by a committee of either 
house with a recommendation that it pass, it is printed. 
A bill must be read three times; the first and second 
times it is read by title only, but at the third reading 
it is read in full. 



74 THE GOVERNMENT OF MICHIGAN 

After a bill has been debated a vote is taken on its 
passage. The clerk or secretary calls the roll and each 
member present answers "Aye" or "No." If a 
majority vote in the affirmative, the bill is passed by 
that house. The bill then goes to the other house 
and goes through the same process. If it is passed 
by that house without amendment, it is sent to the 
governor for his signature. If the second house 
amends the bill in any way, it must go back to the house 
where it originated. If the house that first considered 
it votes to accept the amendments made by the second 
house, it is then sent to the governor. If the two 
houses cannot agree upon the amendments, a con- 
ference committee is appointed, composed of a few 
members of each house, and this committee considers 
the amendments and tries to reach an agreement. 
If an agreement is reached, it is reported to both 
houses, and if they both pass the bill with the amend- 
ments as agreed upon by the conference committee, 
it is sent to the governor. 

If the governor approves of the bill, he signs it and 
it becomes a law. If not, he returns it to the house 
in which it originated, giving his objections to it. 
This is called a veto, and it usually kills a bill. The 
governor does not often use his veto. A bill may be 
passed, however, over the governor's veto by a two- 
thirds vote of the members elected to each house. 
If it is thus passed, it becomes a law without the 
governor's signature. If a bill is not returned by the 
governor to the legislature and if he does not sign it 
within ten days, Sundays excepted, after it has been 
presented to him, it becomes a law, unless the legis- 



THE STATE-LEGISLATIVE DEPARTMENT 75 

lature by adjournment prevents its return, in which 
case it does not become a law. The governor may 
prevent a bill from becoming a law, if it is presented 
to him sometime during the last ten days of a session, 
by keeping it until after the legislature has adjourned 
and not signing it. This is called a pocket veto. 

Time of Taking Effect. — A law takes effect ninety 
days after the end of the session in which it was passed 
unless the legislature, by a two-thirds vote of the mem- 
bers elected to each house, gives immediate effect to 
appropriation bills and acts immediately necessary for 
the preservation of the public peace, health or safety. 

Referendum. — Any bill passed by the legislature 
and approved by the governor, except appropriation 
bills, may be referred by the legislature to the qualified 
voters for approval or rejection. Xo bill so referred 
becomes a law unless ratified by a majority of the 
voters voting on it. This is called a referendum. In 
some states any bill must be referred to the voters if 
a petition signed by a certain percentage of the voters 
is presented to the legislature asking for it. 

Suggestions. — The latest edition of the Michigan Man- 
ual is a valuable book of reference for this and the following 
chapters. 

Ask the member of the legislature from your district to 
send to the school the Legislative Journal, copies of bills 
and other illustrative material. 

Discuss in class the meaning and merits of important 
bills. 

QUESTIONS 

1. What is the number of your senatorial district? Of 
what counties is it composed? Who is your state senator? 



76 THE GOVERNMENT OF MICHIGAN 

2. What is the extent of your representative district? 
Who is your representative? 

3. Why should not the lieutenant governor have a vote 
in the senate? Why should the speaker of the house have a 
vote? 

4. Why should not a member of the legislature be ex- 
pelled a second time for the same cause? 

5. How does the power of appointing the committees 
give much influence over the passing of laws to the lieu- 
tenant governor and to the speaker? 

6. If a committee refuses to report on a bill, can the 
legislature act upon it? How? 

7o Why should a bill be read three times? 
8. Why is a bill printed before it is passed? 
9 Why should the governor have the power to veto a 
bill? 

10. Why should a law not go into effect until ninety days 
after the adjournment of the legislature? 

11. Why should laws ever be referred to the people for 
ratification? Why should not all laws be so referred? 

12. Do you think that the people should have the power 
to demand by petition that any law be referred to a vote? 

13. What is meant by "the initiative"? 



R 



CHAPTER XI 

THE STATE — THE EXECUTIVE DEPARTMENT 

Officers. — The executive power of the state is 
vested in the governor, lieutenant governor, secretary 
of state, state treasurer, commissioner of the land office, 
auditor general and attorney general. 

They are elected at the general election in Novem- 
ber for a term of two years. A superintendent of public 
instruction is elected at the spring election for a term 
of two years. 

Governor. — The governor is the chief executive 
officer of the state. It is his duty to see that the laws 
are faithfully executed. He is commander-in-chief 
of the military and naval forces of the state and may 
call them out if necessary, to execute the laws, to 
suppress insurrections and to repel invasion. 

He may require information in writing from all 
executive and administrative state officers upon any 
subject relating to the duties of their respective offices. 
Annual reports are made to him by the state officers. 
He sends messages to the legislature giving information 
concerning state matters and recommending such 
measures as he may wish. He calls special elections 
to fill any vacancies that may occur in the member- 
ship of the senate or the house of representatives or 
. the lower house of Congress. He may call special 
k jsiono of the legislature. He may grant a reprieve, 



78 THE GOVERNMENT OF MICHIGAN 

a commutation or a pardon to a person convicted of 
any crime except treason or in case of impeachment. 
A reprieve postpones the carrying out of a sentence 
imposed by a judge; a commutation changes the 
penalty; while a pardon frees a convicted person. 
The governor may appoint a United States senator 
if a vacancy occurs when the state legislature is not 
in session. A senator so appointed holds office only 
until the close of the next session of the legislature. 
The chief executive also appoints many state officers 
and members of state boards. He fills any vacancy 
that may occur in a state elective office. These 
appointments must be confirmed by the senate. He 
makes requisition upon the governor of another state 
for the return of a criminal that has escaped from 
Michigan to that state. This is done upon request 
of the prosecuting attorney of the county where the 
offense was committed. He may issue extradition 
papers, when requested to do so by the governor of 
another state, ordering that a person in Michigan 
charged with an offense in another state be delivered 
to the officers of that state. The governor may 
remove many state, county and local officers for 
incompetency, neglect of duty or misconduct in office. 
He is ex officio a member of several state boards. 

Qualifications. — "No person shall be eligible to 
the office of governor or lieutenant governor who shall 
not have attained the age of thirty years and who 
has not been five years a citizen of the United States 
and a resident of this state two years next preceding 
his election." The qualifications for nearly all other 
state officers are the same as those for a voter. 



THE STATE-EXECUTIVE DEPARTMENT 79 

Lieutenant Governor. — The lieutenant governor is 
the presiding officer of the senate. As such he appoints 
the committees and in other ways exerts an influence 
in shaping legislation, but he has no vote. 

In case of the impeachment of , the governor, his 
removal from office by death, disability, resignation 
or absence from the state, the powers and duties of 
the office devolve upon the lieutenant governor for 
the remainder of the term or until the disability of the 
governor ceases. 

An impeachment is an accusation brought by a 
majority vote of the house of representatives against 
a public officer for misconduct in office. When an 
officer is impeached, he is tried before the senate. In 
such a case the senate acts as a court and the pro- 
ceedings are carried on like a criminal trial. A two- 
thirds vote of all the members elected to the senate 
is necessary for a conviction. An officer thus con- 
victed is removed from office. Impeachment very 
seldom occurs. 

During a vacancy in the office of governor, if the 
lieutenant governor should die, resign, be impeached, 
or for any other reason be incapable of performing 
the duties of his office, or be absent from the state, 
the secretary of state shall act as governor until the 
vacancy is filled or the disability of the governor or 
lieutenant governor is removed. 

Secretary of State. — This officer countersigns all 
proclamations and commissions issued by the governor. 
For example, the governor makes a proclamation for 
Thanksgiving Day every year. He also issues com- 
missions to all officers and members of boards whom 



80 THE GOVERNMENT OF MICHIGAN 

he appoints. The secretary of state keeps the great 
seal of the state and affixes it to all official documents 
to show their genuineness. He is custodian of the 
laws and official records of the state. He publishes 
the laws, the legislative manual and various reports. 
He gives notice to the sheriffs of state elections and 
of the submission of constitutional amendments to a 
vote of the people. Returns from state and national 
elections are sent to him. The business of organizing 
corporations and various matters pertaining to them 
are carried on through his office. 

Treasurer. — The treasurer receives all monies paid 
in for state taxes from the county treasurers and from 
other sources. He is responsible for these funds until 
they are paid out according to law. Most of the 
money of the state is deposited by him in various 
banks throughout the state. He keeps accounts of 
all monies received and paid out and makes an annual 
report to the governor. He is required to give bonds 
to the amount of $300,000. 

Auditor General. — This officer keeps the accounts 
of the state. It is his business to look out for the 
financial interests of the state, to prevent money from 
being spent unlawfully and to keep a check on the 
treasurer. No money can be paid out of the treasury 
except upon his order. Certain claims against the 
state are examined and adjusted by him. He appor- 
tions the state tax among the counties, settles with 
the county treasurers for money due the state from 
them and has charge of all delinquent taxes. He 
audits the accounts of all state institutions. 

Commissioner of the State Land Office. — This 



THE STATE-EXECUTIVE DEPARTMENT 81 

official has general charge of all state lands. Michigan 
still owns several hundred thousand acres of land, 
much of which is poor, but considerable portions of 
which can be developed into fairly good farms for 
grazing, fruit or agricultural purposes, and most of 
which could be reforested. The commissioner issues 
licenses to homestead settlers, appoints trespass agents 
and prosecutes trespassers. He attends to all matters 
of leasing, selling, or otherwise disposing, of state lands. 
He is a member of various state boards. 

Attorney General. — The attorney general is the 
state attorney. He gives opinions on all legal matters 
submitted to him by the legislature or by any state 
officer. He prosecutes or defends any suit in the 
supreme court in which the state is interested. When 
requested by the legislature or by any state officer he 
appears for the people in any other court in any matter, 
civil or criminal, with which the state or any depart- 
ment is concerned. He advises and assists prosecuting 
attorneys in their work when asked to do so. 

Superintendent of Public Instruction. — (See the 
chapter on Educational Matters.) 

Salaries. — The governor and attorney general 
each, receives $5000; the superintendent of public 
instruction, $4000; the secretary of state, treasurer, 
auditor general, and commissioner of the state land 
office each, $2500; the lieutenant governor receives 
the same pay as members of the legislature; but when 
acting as governor he receives the same salary as the 
governor. 

Departments. — Each of the above officers is the 
head of an executive department, the work of which 



82 THE GOVERNMENT OF MICHIGAN 

is carried on by a considerable force of deputies, 
assistants, clerks and stenographers. 

Appointive State Officers 

The Commissioner of Insurance has supervision 
over fire, life and marine insurance companies doing 
business in the state. He examines into their financial 
condition and responsibility, and sees to it that they 
comply with the law. 

The Commissioner of Labor collects and publishes 
statistics concerning labor. It is his duty to see that 
all laws concerning sanitary conditions and safety 
devices in factories and mines, and the working hours 
of women and children are carried out. He is assisted 
by a number of inspectors. 

The Commissioner of Mineral Statistics collects 
information in regard to the mining and smelting 
industries of the state. He collects and arranges 
specimens of ore for distribution among the educa- 
tional institutions of the state. 

The State Librarian has charge of the state library 
at Lansing and the sending out of traveling libraries. 
Schools, granges, clubs and societies may obtain the 
use of traveling libraries for a small sum. (Every 
teacher should send a card to the state librarian asking 
for information concerning these libraries.) 

The Commissioner of Banking has supervision of 
the business of banks organized under the laws of 
Michigan. Every state bank must make a report to 
him of its condition and business whenever required 
to do so. He sends out examiners to inspect the books 
of banks to see if they are carrying on business in a 



THE STATE-EXECUTIVE DEPARTMENT 83 

safe way. He may close any bank that is not conform- 
ing to the law. 

The Dairy and Food Commissioner is a very impor- 
tant officer. He and his assistants investigate the 
quality and quantity of food products offered for 
sale. They may inspect any factory, dairy, creamery, 
store, bakery, grocery or any other place where such 
products are made, stored or sold. They obtain 
samples and have them analyzed. They may prose- 
cute any person who violates the pure-food laws. 
They may also ascertain whether food put up in pack- 
ages is of full weight or measure. The work of this 
department aims to protect the health of the people 
as well as to prevent fraud. 

The Game, Fish and Forestry Warden is appointed 
to enforce the laws for the protection of game, fish 
and forests. He has several deputies to assist him 
and he also appoints resident wardens in the different 
counties to watch for offenders against the game laws 
and to prevent and extinguish forest fires. He and his 
assistants may serve papers and make arrests. A 
careful enforcement of the laws are necessary if the 
fish and game of the state are not to be exterminated. 
Forest fires destroy a large amount of property nearly 
every year and prevent portions of the northern part 
of the state from being reforested. 

The State Highway Commissioner gives instruction 
to local highway officials in the building and repairing 
of roads. He endeavors to create a public sentiment 
in favor of good roads and distributes the money 
appropriated by the state to assist counties and town- 
ships in building improved highways. 



84 THE GOVERNMENT OF MICHIGAN 

The State Oil Inspector tests the quality of oils 
offered for sale. 

The State Salt Inspector analyzes salt manufactured 
and offered for sale. 

The State Veterinarian is assigned the task of pro- 
tecting the live stock of the state from contagious and 
other diseases. He examines all animals suspected 
of having disease and may order them to be killed. 

The Adjutant General, the Quartermaster General 
and the Inspector General are concerned with military 
matters. (For their duties see the chapter on Military 
Affairs.) 

All the foregoing officers are appointed by the gov- 
ernor for terms of either two or four years. Their 
salaries in most cases vary from $1000 to $3500. 

Ex Officio State Boards 

The following are ex officio boards; that is, they are 
composed of men who are members because they hold 
other offices. 

Board of Auditors. — The secretary of state, the 
state treasurer and the commissioner of the land 
office comprise this board. They examine and adjust 
all claims against the state not otherwise provided for 
by law. The auditor general adjusts certain claims 
against the state. This board has power to appro- 
priate money for use in an emergency, as when a build- 
ing belonging to a state institution is destroyed by 
fire. It makes contracts for fuel, stationery and 
printing for the state. 

The Board of Equalization is composed of the 
lieutenant governor, the secretary of state, the land 



THE STATE-EXECUTIVE DEPARTMENT 85 

commissioner, the auditor general and the treasurer. 
(See the chapter on Taxation). 

The Board of Canvassers comprises the secretary 
of state, the treasurer and the land commissioner. 
(See the chapter on Elections.) 

Board of Geological Survey. — The governor, the 
superintendent of public instruction and the presi- 
dent of the state board of education constitute this 
board. It supervises the geological survey of the 
state. 

The Board of Escheats consists of the secretary of 
state, the treasurer and the land commissioner. The 
work of this board is to dispose of the property of 
persons who die without leaving a will and who have 
no legal heirs. Their property is said to escheat to 
the state. The proceeds from its sale is put into the 
primary school fund. 

The Board of Fund Commissioners is composed of 
the secretary of state, the treasurer and the land 
commissioner. It may invest any surplus funds of 
the state in bonds of the state or of the United States. 
It seldom has any such work to do. 

The Board of Control of St. Mary's Ship Canal and 
of Portage Lake Ship Canal consists of the governor, 
the auditor general and the treasurer. (Pupils should 
look up these canals.) 

Bureau of Statistics of Labor. — This board is com- 
posed of the commissioner of labor, the deputy com- 
missioner of labor and the secretary of state. It 
collects and publishes statistics on all kinds of labor, 
including that in penal institutions, the conditions of 
laborers, strikes, trades unions, etc. 



86 THE GOVERNMENT OF MICHIGAN 

Boards Appointed by the Governor 

Board of Health. — This board is composed of six 
members and a secretary appointed by the governor. 
Its duty is to prevent the spread of contagious diseases 
and to suppress epidemics by investigating their causes 
and by enforcing measures of quarantine. It also 
publishes and distributes circulars and pamphlets for 
the education of people in matters pertaining to health 
and sanitation. Especial attention is given to the 
instruction of teachers and pupils along these lines. 

Board of Corrections and Charities. — The governor 
and four other members appointed by him make up 
this board. It appoints a secretary who gives all his 
time to the work. It attends to the welfare of the 
criminal and unfortunate classes and endeavors to 
lessen their number and alleviate their condition. It 
visits every year each of the state penal, reformatory 
and charitable institutions; and each county jail and 
poorhouse is visited annually by one of the members 
or by the secretary. Reports are made to the superin- 
tendents of the poor of each county concerning the 
condition of the poorhouse and to the sheriff in regard 
to the condition of the jail in his county. The board 
may order such changes in these buildings as they may 
desire. Plans for new jails must be ratified by the 
board. 

An agent of the board is appointed in every county. 
His duties are important. He examines into the 
facts and circumstances connected with the commis- 
sion of any crime by a child under seventeen years of 
age and reports the same to the probate court or the 



THE STATE-EXECUTIVE DEPARTMENT 87 

juvenile court. He advises the judge as to the disposi- 
tion of the child. He brings before the court any 
child that has not a suitable home or parents, that is 
neglected or abused, that has fallen into vice or that 
is incorrigible or a truant. The count}' agent tries 
to find suitable homes for orphans, for children taken 
away from their parents, for abandoned and neglected 
children, and for children from the State School at 
Coldwater. He visits and keeps an oversight over 
such children and changes their homes if necessary. 

Railroad Commission. — This board consists of three 
members appointed bj^ the governor. It inspects and 
supervises the railroads of the state for the purpose 
of insuring the safety of the public. It may order 
flagmen, bells or safety gates at crossings, regulate 
the speed of trains, inquire into the causes of accidents, 
and enforce the laws governing passenger and freight 
rates and the safety and convenience of travelers. 

There are also the following state boards, appointed 
by the governor, whose duties are implied in their 
names: Board of Tax Commissioners (see the chapter 
on Taxation), Board of Pardons, Board of Library 
Commissioners, Board of Pharmacy, Live Stock 
Sanitary Commission, Veterinary Board, Board of 
Registration in Medicine, Examiners in Dentistry, 
Board of Osteopathic Registration and Examination, 
Examiners in Optometry, Board of Registration of 
Nurses, Board of Law Examiners, Board of Examina- 
tion and Licensing of Barbers, Board to Regulate the 
Practice of Horseshoeing, Board of Accountancy, 
Public Domain Commission, Fish Commission, Mack- 
inac Island Park Commission, Board of Prison 



88 THE GOVERNMENT OF MICHIGAN 

» 

Industries, Board of Mediation and Arbitration, 
Industrial Accident Board. 

QUESTIONS 

1. Would it be wise to elect only the governor and the 
lieutenant governor and to allow the governor to appoint the 
other important executive officials of the state as the presi- 
dent appoints the heads of the departments in the national 
government? 

2. Are the voters well qualified to elect the state execu- 
tive officers? 

3. What is meant by "the short ballot"? 

4. Does the "spoils" system prevail in the appoint- 
ment of state officials? 

5. Are any appointments made under civil service 
regulations? 

6. Would not an efficient civil service system be a good 
thing for the state? 

7. How does the governor execute the laws of the state? 

8. Are there any state lands in your vicinity? Why 
have they not been bought by private individuals? 

9. What is meant by " homesteading " state lands? 

10. Are the pure-food laws enforced in your community? 

11. Why should there be "closed seasons" for fish and 
game? 

12. Are the fish and game laws enforced in your vicinity? 
If not, why not? 

13. Who is the agent of the State Board of Corrections 
and Charities in your county? Is he efficient? Why is 
this an important office? How can a school teacher coop- 
erate with him? 

14. What can you tell about the work of the Industrial 
Accident Board? 



CHAPTER XII 

THE STATE. — THE JUDICIAL DEPARTMENT 

For the protection of people from wrong and injury 
and for the security of their rights courts have been 
established. The regular courts in Michigan are the 
justice's, the circuit, the probate and the supreme. 
There are certain special courts in some of the larger 
cities because of the large amount of judicial business. 
Circuit court commissioners may also hold court for 
certain minor matters. 

A suit which is commenced for the purpose of collect- 
ing a debt, obtaining payment for damages, securing 
a personal or property right or preventing a personal 
wrong is called a civil case. A criminal case has for 
its object the punishment of a person for a crime or 
misdemeanor, which is regarded as an injury to society. 

The one who starts the suit or makes the complaint 
is called the plaintiff; the other party to the suit is 
called the defendant. 

The Justice Court. — The justice of the peace has 
exclusive jurisdiction in all civil cases where the amount 
in controversy does not exceed $100, and concurrent 
jurisdiction with the circuit court where the amount 
in controversy does not exceed $300. That is, if the 
amount of money or value of property in dispute is 
not more than $100, the case must be brought in the 
justice court; if the amount in dispute is between $100 



90 THE GOVERNMENT OF MICHIGAN 

and $300, the case may be commenced in either the 
justice court or the circuit court. The legislature may 
extend the limit to $500. The justice court has power 
to try minor criminal cases, such as those for assault 
and battery, for stealing small amounts, for being 
drunk and disorderly and for other offenses punishable 
by a fine not exceeding $100 or imprisonment in the 
county jail for not more than three months. 

A criminal case is commenced by a person filing a 
complaint before a justice of the peace, who issues a 
warrant for the arrest of the person charged with the 
offense. A constable or sheriff takes the warrant, 
arrests the accused person and brings him before the 
justice. If the case is within the jurisdiction of the 
justice court, it is tried before a jury and the accused 
is either acquitted or convicted. If convicted, he is 
either fined or imprisoned in the county jail. 

If the case is not within the jurisdiction of the justice 
court, the justice examines the accused to ascertain 
if there is good reason to believe that he committed 
the crime charged. If the justice concludes that there 
is not sufficient evidence to convict the accused, he is 
released. If the justice believes that there is evidence 
enough to show that the accused is probably guilty, 
he is held for trial in the circuit court. 

While he is awaiting trial in the circuit court he is 
either confined in the county jail or released on bail. 
When a person is released on bail he gets two or more 
persons to sign a bond for a certain sum of money as 
security that he will be present when he is wanted for 
trial. The amount of the bond varies with the offense 
charged and is at the discretion of the justice. If the 



THE STATE-JUDICIAL DEPARTMENT 91 

accused is not present in court when the time for his 
trial is set, his bondsmen must pay the amount of the 
bail bond. 

In all criminal cases the prosecuting attorney appears 
in court and acts as attorney for the people; that is, 
he tries to secure the conviction and punishment of 
the defendant if he considers him guilty. The defend- 
ant has an attorney who defends him in the trial. 

Most cases may be appealed from a decision ren- 
dered in the justice court to the circuit court, provided 
either party to a civil case or the defendant in a criminal 
case is dissatisfied with the decision rendered. 

The decision given by the jury in a criminal case is 
called a verdict. If the verdict finds the defendant 
guilty, the justice or judge gives the sentence; that is, 
assigns the punishment of fine or imprisonment or 
both. In a civil case the decision is usually called a 
judgment. 

The Probate Court. — (See chapter V.) 

The Circuit Court. — The circuit court has what 
is called both original and appellate jurisdiction. It 
has appellate jurisdiction over cases from the justice 
court, the probate court and from circuit court com- 
missioners; that is, cases may be appealed to the circuit 
court from these inferior courts. Many cases may 
be begun in the circuit court, hence it is said to 
have original jurisdiction in such cases. Civil cases 
involving more than $100 and cases for the punish- 
ment of the greater crimes may be commenced in this 
court. 

The state is divided into thirty-nine judicial circuits, 
and court is held at least four times each year at the 



92 THE GOVERNMENT OF MICHIGAN 

county seat of every county in each circuit. A judge 
is elected at the spring election in every circuit for a 
term of six years. A few circuits have more than one 
judge. Each judge receives a salary of $3500 from 
the state and may be given an additional salary by 
the boards of supervisors in his circuit. 

The county clerk is clerk of the circuit court. The 
sheriff opens court and serves papers and carries out 
the orders of the court. A stenographer keeps a record 
of the proceedings. The judge fixes the times for 
holding court. 

Juries. — When a civil case is being tried in the 
justice court, there is a jury if either party to the suit 
wishes one. The parties may agree to dispense with 
a jury and let the justice decide the case. A jury 
always hears a criminal case. A jury in a justice court 
consists of six men, and judges both as to the facts in 
the case and as to the law applicable to it. 

A jury is obtained in a justice court by an officer, 
usually a constable, preparing a list of eighteen names 
from which each party to the case strikes out six, the 
remaining six being summoned by writs issued by the 
justice and served by the constable. 

In the circuit court a jury consists of twelve men. 
Some civil cases are heard and decided by the judge 
without a jury. The jury decides all questions of 
fact, while the judge settles all legal questions and 
instructs the jury in regard to the law in the case. 
After the jury finds a person guilty the judge pro- 
nounces the sentence. 

A jury for a circuit court is obtained as follows: 
Each supervisor prepares a list of persons suitable to 



THE STATE-JUDICIAL DEPARTMENT 93 

serve on a jury and sends this list to the county clerk. 
The clerk copies these names on separate pieces of 
paper of uniform size and appearance and places them 
in separate packages for each township and ward of 
a city. Sometime before circuit court is to be held, 
the clerk, in the presence of the sheriff and one justice 
of the peace, or two justices of the peace, takes one of 
the packages of names, places it in a box, shakes the 
box and draws out one name. This is done with each 
package of names until enough names have been drawn. 
Twenty-four names are drawn, as some jurors may be 
rejected when they are called to sit for a particular 
case. The circuit judge may order not to exceed 
twenty-four additional names to be drawn if he thinks 
it necessary. The sheriff summons to attend court as 
a juror each person whose name has been drawn. 

In the upper peninsula the county clerk, the judge 
of probate, the sheriff and the county treasurer select 
the jurymen. A few counties have boards of jury 
commissioners, who choose jurymen. 

A unanimous vote is necessary for a decision by a 
jury. 

Grand Jury. — Occasionally when men of promi- 
nence or of great influence are suspected of crime, or 
w T hen for any reason the proper officers may neglect 
to prosecute offenders or may find it difficult to bring 
them to justice, a grand jury is summoned by a circuit 
judge. This consists of not fewer than sixteen nor 
more than twenty-three men. They are drawn the 
same as jurors for the circuit court. 

They meet in secret session and examine the evidence 
presented by the prosecuting attorney, or other per- 



94 THE GOVERNMENT OF MICHIGAN 

sons, against any suspected offenders. If they con- 
sider the evidence offered as sufficient, they bring in 
a bill of indictment against the persons charged with 
crime, who are then arrested and held for trial in the 
circuit court. 

A grand jury does not try a person, but simply 
ascertains whether there is sufficient evidence of guilt 
to hold him for trial. 

The Supreme Court. — This important court is 
composed of eight justices, two being elected every 
two years at the spring election (the first Monday in 
April), for a term of eight years. It holds four sessions 
each year at Lansing. It has but little original juris- 
diction, most of its work consisting of hearing appeals 
from lower courts and of correcting their errors. 

The court chooses a clerk to keep its records, a 
reporter to publish its decisions, and a crier, who has 
charge of the rooms occupied by the court and who 
serves orders and writs for it. 

Suggestions. — Pupils should attend one or more trials 
in a justice's court and in a circuit court if possible. 

Various blank writs such as warrants, subpoenas, etc., 
should be obtained for purposes of illustration. 

QUESTIONS 

1. When a person is fined for an offense, what is done 
with the money? 

2. When a judgment is obtained against a person, what 
is done with the money paid to satisfy the judgment? 

3. A steals a horse from B. Trace the case step by step 
until A is confined in prison. 

4. While A is driving along a public highway his horse 



THE STATE-JUDICIAL DEPARTMENT 95 

breaks through a defective bridge and is killed. A sues for 
damages. Trace the case. 

5. Whose business is it to enforce the laws governing 
the sale of intoxicating beverages? 

6. Whose business is it to enforce the fish and game 
laws? 

7. Suppose that a boy aged fifteen has committed a 
crime. Tell in detail how his case may be disposed of. 

8. What is a felony? Give an example. 

9. What is a breach of the peace? Give an example. 

10. Suppose a person is injured in a railroad accident 
and commences suit against the railroad company. Would 
it be a civil or a criminal case? 

11. Why should it be permitted to appeal certain cases 
from a lower court to a higher court? Why not all cases? 

12. Are justices of the peace usually well qualified to 
hear cases? 

13. Are the laws generally well enforced in your com- 
munity? If not, why not? 



CHAPTER XIII 

MILITARY MATTERS 

The Militia. — The state militia consists of all able- 
bodied male citizens between the ages of eighteen and 
forty-five, with the exception of ministers, teachers, 
judges, members of the legislature, state and county 
officers, guards and officials of the state prisons, officials 
of other state institutions, firemen, and a few others. 
The enrolled militia is subject to military duty in case 
of war, rebellion, or invasion, when they may be drafted 
into the service of the state or of the United States. 

Michigan National Guard. — The Michigan National 
Guard is composed of volunteers of sound body between 
the ages of eighteen and forty-five. The term of 
enlistment is three years. It is organized into com- 
panies, regiments and other military units, with proper 
officers. It is furnished with uniforms, arms and other 
equipment by the state. Armories are erected in 
various cities as places of assembly and practice. The 
different companies have regular drill, and an encamp- 
ment for all the state troops is held for a week or ten 
days, every summer. The men are paid for actual 
service. They spend most of their time, however, in 
other employments. 

In case of riot, insurrection, or disorder beyond 
the power of the sheriff or police officers to quell, 
the governor calls out one or more companies of 



MILITARY MATTERS 97 

the national guard to maintain order and protect life 
and property. 

At present there are three regiments of infantry, 
each composed of twelve companies; a naval brigade, 
composed of two battalions; one corps of engineers, 
two signal corps, two troops of cavalry and one 
battery of field artillery. 

State Military Department. — The governor is the 
commander-in-chief of the state military forces. He 
appoints an adjutant general, through whom he issues 
orders and who keeps a record of the troops; an 
inspector general, who looks after the mustering, 
discipline, and inspection of the guard; and a quarter- 
master general, who has charge of all necessary military 
supplies. A military board of seven members acts 
as an advisory body to the governor. 

QUESTIONS 

1. What is meant by "drafting" men into the army? 
Describe the process. Were men ever drafted from the 
militia of Michigan into the United States army? 

2. What is the difference between the national guards 
of the several states and the standing army of the United 
States? 

3. How is the money supplied for the erection of armories 
for the [Michigan National Guard? 

4. Where is the annual encampment of the Michigan 
National Guard held? 

5. Should a large national guard be maintained by the 
State of Michigan? 



CHAPTER XIV 

STATE CHARITABLE INSTITUTIONS 

The Soldiers' Home, at Grand Rapids, provides a 
home for old soldiers. The United States government 
pays a part of the expense of maintaining it. 

The Home for the Feeble-minded and Epileptic, at 
Lapeer, is partly a school and partly an asylum. Its 
aim is to educate and train the inmates as far as possible, 
to improve their condition, and to relieve the public 
schools and society of their presence. 

The four Hospitals for the Insane are located at 
Kalamazoo, Pontiac, Traverse City and Newberry, 
and the Hospital for Insane Criminals is at Ionia. 

The State Sanatorium, at Howell, was established 
for the treatment of persons afflicted with tuberculosis. 

State Penal Institutions 

The State Prison is located at Jackson, the House 
of Correction and Branch Prison at Marquette and 
the Michigan Reformatory at Ionia. The Detroit 
House of Correction is under the control of the city of 
Detroit, but an arrangement has been made by which 
female prisoners are kept there by the state. Counties 
can also arrange to send prisoners there instead of 
keeping them in the county jails. 

These charitable and penal institutions, except the 
last one, are under the management of separate boards 
appointed by the governor. 



STATE CHARITABLE INSTITUTIONS 99 

Suggestions. — The class might investigate and discuss 
the object of sending men to prison, the discipline of the 
prisons, the daily life and work of the inmates, modern 
methods of treating prisoners, indeterminate sentences, 
paroles, etc. 

QUESTIONS 

1. Is the Home for the Feeble-minded sufficiently large? 
Do you know of any children that should be sent there? 

2. Why should children considerably below the normal 
in mental capacity be placed by themselves in institutions? 

3. Are the prisons of Michigan administered according 
to the most approved methods? 



CHAPTER XV 

THE STATE EDUCATIONAL SYSTEM 

Michigan has a well organized school system so 
arranged that a child may begin in the primary grades 
and proceed step by step until he is graduated from 
the University. There are also several state educa- 
tional institutions for the training of children and 
young people in special courses or because of their 
peculiar conditions or circumstances. (See Chapter 
II for local school matters.) 

Primary School Fund. — In addition to the money 
derived from local taxes, public schools receive aid 
from the state. In an early day the United States 
government gave to Michigan the sixteenth section of 
every congressional township for the support of public 
schools. As the land of these sections was sold, the 
proceeds were put into the primary school fund. To 
this was added one-half the proceeds from the sale 
of state swamp lands. This fund has been borrowed 
by the state and used for the building of public insti- 
tutions. The state pays interest upon it annually, 
and this interest forms a part of the primary school 
interest fund. 

Taxes paid by the railroads, telegraph and telephone 
companies, express and Pullman car companies, and 
other corporations engaged in the transportation busi- 
ness are paid directly into the state treasury. The 



THE STATE EDUCATIONAL SYSTEM 101 

balance of the money derived from these taxes after 
paying the interest on the state debt, if any, and the 
interest on the primary school fund, the University, 
Normal College, and Agricultural College funds, is 
added to the primary school interest fund. 

The interest upon the proceeds from lands which 
have escheated to the state is likewise added to the 
primary school interest fund. 

The primary school interest fund, derived from these 
sources, but largely from the taxes of railroads and 
the other kinds of corporations mentioned, is divided 
by the superintendent of public instruction among the 
school districts of the state according to the number 
of children of legal school age in each. This money 
can be used only to pay teachers, the high school 
tuition of pupils who have finished the eighth grade 
and for the transportation of children to school. It 
is distributed every year in July. If any district has 
on hand more than enough primary school money to 
pay its teachers for the next two years, it does not 
receive any such money until its surplus is reduced 
to the amount necessary to pay its teachers for two 
years. 

At present the primary school interest fund amounts 
to over $5,000,000 annually, or between seven and 
eight dollars per child. 

One Mill Tax. — A tax of one mill upon every dollar 
of assessed valuation of property is levied every year 
for school purposes unless a district has on hand at 
the close of the school year as much money as it paid 
for teachers' wages during the preceding year. This 
is levied by the supervisor without action of the school 



102 THE GOVERNMENT OF MICHIGAN 

boards. A school board may levy taxes in addition 
to the one mill tax. 

(For the county commissioner of schools and the 
county board of school examiners see the chapter on 
Counties.) 

Teachers' Certificates. — Before a person can legally 
teach in the public schools he must have a certificate. 
Such a certificate may be obtained either from a county 
board of school examiners, a city board of education, a 
county normal training class, a state normal school, a 
college, the University, or the state board of education. 

The county boards of school examiners hold two 
regular examinations for teachers, commencing on 
the last Thursday of April and the second Thursday 
of August, at the county seats. They issue third, 
second, and first grade certificates, valid for one, three, 
and four years respectively, and only in the county 
where issued. A first grade certificate may become 
valid anywhere in the state by being endorsed by the 
superintendent of public instruction. 

In cities certificates may be granted by the board 
of education to teachers, under certain conditions, after 
examination by the superintendent or after the com- 
pletion of a course in the city training school. 

A graduate of a county normal training class is given 
a certificate to teach in any school employing not more 
than two teachers in the county where issued, and is 
good for three years. It may be renewed. 

The four state normal schools grant certificates to 
their graduates. There are several varieties of these 
certificates, the kind given to any graduate depending 
upon the course of study completed. 



THE STATE EDUCATIONAL SYSTEM 103 

Graduates of the colleges of the state and of the 
University are granted certificates to teach by the 
state board of education provided they have taken 
certain subjects in their courses of study. 

The state board of education likewise grants certifi- 
cates to persons who pass a state teachers' examina- 
tion. It also endorses and makes valid in Michigan 
certificates from other states. 

County Normal Training Classes. — The superin- 
tendent of public instruction may establish a county 
normal training class in any county except one in which 
a state normal school is located. This cannot be done 
until the board of supervisors and the board of educa- 
tion of the district where it is to be located vote for it. 
The expense of running such a class is borne jointly 
by the state, the county and the school district in 
which it is located. It is under the management of 
a board composed of the state superintendent of public 
instruction, the county commissioner of schools, and 
the local superintendent of schools. These classes 
are intended to furnish trained teachers for the rural 
schools. They have been established in about one- 
half the counties of the state. 

Other Schools. — A township rural high school may 
be established by the voters of any township. The 
board of supervisors may establish a county school 
of agriculture. Two-thirds of the expense of carrying 
on such a school will be paid by the state. Trade, 
industrial, marine, vocational and manual training 
schools may be maintained by any school district if 
the voters so decide. Upon application by a school 
board, the superintendent of public instruction may 



104 THE GOVERNMENT OF MICHIGAN 

establish a day school for deaf children in any school 
district. The expense of such instruction is paid out 
of the state treasury. 

Superintendent of Public Instruction. — At the head 
of the educational system of the state is the superin- 
tendent of public instruction. He visits the various 
educational institutions; receives, compiles, and pub- 
lishes school statistics; apportions the primary school 
interest money; prepares questions for teachers' and 
eighth-grade examinations; appoints instructors for 
teachers' institutes and has the general management 
of such gatherings. He is a member of the state 
board of education, the board of regents, and the 
board of geological survey. He gives information to 
teachers and school officers in regard to school laws; 
establishes county normal training classes and is a 
member of each county normal board; and delivers 
educational lectures. He may inspect and correct 
the records of school districts, may require school 
officers to obey the law and account for school funds, 
and he may call upon the governor to remove from 
office any county commissioner or examiner or other 
school officer. He has many other important powers 
and duties concerning educational affairs. 

State Board of Education. — This board is composed 
of three members besides the superintendent of public 
instruction, who is its secretary and a voting member. 
They are elected, one at a time, at the spring election 
every two years, for a term of six years. This board 
has control of the four state normal schools, secures 
presidents and members of the faculties, prescribes 
courses of study, grants diplomas and certificates to 



THE STATE EDUCATIONAL SYSTEM 105 

the graduates, and attends to all matters of business 
and finance in connection with those schools. 

It also holds examinations for persons wishing to 
obtain state certificates to teach, grants certificates 
to certain graduates of the University and the colleges, 
and endorses certificates from other states. 

Board of Regents. — This board, composed of eight 
members, elected for a term of eight years at the spring 
election, two being elected every two years, has the 
general management of the University. The superin- 
tendent of public instruction is a member ex officio, 
but has no vote. The president of the University, 
chosen by the board, is ex officio its chairman with 
the privilege of speaking but not of voting. 

Board of Agriculture. — The control of the Agri- 
cultural College is in the hands of this board, composed 
of six members, two of whom are elected every two 
years at the spring election for a term of six years. 
The president of the College, elected by the board, is 
chairman of the board, but has no vote. The board 
also manages farmers' institutes. 

The University of Michigan is located at Ann Arbor. 
It ranks among the largest and best universities of 
the country. At present the annual attendance is 
over five thousand students. It has many depart- 
ments and a large faculty of able men. It is supported 
by fees from students, appropriations by the legisla- 
ture, a tax of three-eighths of a mill upon every dollar 
of assessed valuation in the state, and the income from 
a land fund. 

The Federal government gave Michigan two town- 
ships, or seventy-two sections, of land for the support 



106 



THE GOVERNMENT OF MICHIGAN 



of a university. The proceeds from the sale of these 
lands constitute the University fund, amounting 
to something over a half million dollars upon which 
the state pays interest to the University. The largest 
part of the revenue of the University comes from the 
three-eighths mill tax. 




University of Michigan 

The Agricultural College is located at East Lansing. 
It is supported by appropriations made by the legis- 
lature, students' fees, money derived from the sale of 
products from its farm, one-tenth of a mill tax, the 
income from certain funds, and money from the United 
States government. 

The funds were created from the sale of certain salt- 
spring lands and other lands granted for the purpose 
by the Federal government. That government also 
gives the College several thousand dollars annually 



THE STATE EDUCATIONAL SYSTEM 107 

for carrying on agricultural education and experimental 
work . 

The College is the oldest and one of the best of its 
kind in the United States. 

The Normal College, located at Ypsilanti, receives 
a small amount of revenue from a fund created by the 
sale of certain salt-spring lands set apart for the pur- 
pose. This fund has been turned into the state treasury 
and the state pays interest upon it to the College. 
Most of its revenue is derived from appropriations 
made by the legislature. Small student fees are also 
charged. 

The Central State Normal School, located at Mt. 
Pleasant, the Northern State Normal School, located 
at Marquette, and the Western State Normal School, 
located at Kalamazoo, are maintained, together with 
the Normal College, for the training of teachers. They 
depend for their support upon appropriations by the 
legislature, with small amounts from student fees. 

The College of Mines was founded for the education 
of mining engineers and superintendents of mines. 
It is located at Houghton in the copper country of 
Upper Michigan. It is under the control of a board 
of six members appointed by the governor. 

The State of Michigan supports several other fine 
institutions, largely educational in character, for the 
care and improvement of certain unfortunate classes. 
Their management is placed in the hands of separate 
boards appointed by the governor. 

The School for the Blind is located at Lansing. 
Children whose sight is so defective that they cannot 
attend the public schools profitably are admitted and 



108 THE GOVERNMENT OF MICHIGAN 




Normal College, Ypsilanti 

receive instruction in the usual school studies, and 
training in several vocations. 

The School for the Deaf, located at Flint, gives the 
same kind of education for children with defective 
hearing. 




Central Normal School, Mt. Pleasant 



THE STATE EDUCATIONAL SYSTEM 



109 



■2$ '^fl 


■ftfi inMTI£L 




jf .]1lv. 







Northern Normal School, Marquette 

The State Public School provides a temporary home 
for orphans and other dependent children who are sent 
there by the probate judges. Permanent homes are 
found for them as soon as possible. An agent is em- 
ployed who travels about the state investigating 
applications for children, taking them to homes, 
and visiting them and looking after them when they 




Western Normal School, Kalamazoo 



110 THE GOVERNMENT OF MICHIGAN 

have been placed in homes. The school is located at 
Coldwater. 

The Industrial School for Boys is located at Lansing 
and the Industrial Home for Girls, at Adrian. Boys 
and girls who are persistently truant from school, who 
cannot be managed by parents and teachers, or who 
have fallen into vice or crime are sent to these institu- 
tions. There they are given good school advantages 
and are taught useful occupations. They may be 
placed in suitable homes or discharged at the proper 
age. 

The Employment Institution for the Blind, located 
at Saginaw, teaches adult blind persons trades by which 
they may support themselves. 

Suggestions. — The pupils might ascertain from the 
director or treasurer the cost of maintaining their school, 
the amount of primary money received, and other informa- 
tion about the school. 

Catalogues of all the state educational institutions and 
colleges should be kept on file in every school. 

QUESTIONS 

1. Name any possible defects in the Michigan edu- 
cational system. What changes would you suggest? 

2. What is the per capita cost of maintaining your school 
for a year? 

3. When does land escheat to the state? 

4. What is the purpose of teachers' institutes? 

5. What is the purpose of farmers' institutes? 

6. What is the purpose of the annual state eighth-grade 
examinations? 

7. If a child is expelled from school because of serious 



THE STATE EDUCATIONAL SYSTEM 111 

and persistent misconduct, where should he be sent? By 
what process can this be done? 

8. What state institution trains physicians? Engi- 
neers? Dentists? Teachers? Farmers? 

9. Name and locate the denominational colleges of 
Michigan. 

10. By what process may a student gain admission to 
the University? To the Normal Schools? To the Agri- 
cultural College? 



CONSTITUTION OF THE STATE OF 
MICHIGAN 

[Ratified by the people at the general election in November, 1908.] 

PREAMBLE 

We, the people of the state of Michigan, grateful to Almighty God 
for the blessings of freedom, and earnestly desiring to secure these 
blessings undiminished to ourselves and our posterity, do ordain and 
establish this constitution. 

ARTICLE I 

BOUNDARIES AND SEAT OF GOVERNMENT 

Section i. The state of Michigan consists of and has jurisdiction 
over the territory embraced within the following boundaries, to wit: 
Commencing at a point on the eastern boundary line of the state of 
Indiana, where a direct line drawn from the southern extremity 
of Lake Michigan to the most northerly cape of Maumee Bay shall 
intersect the same — said point being the northwest point of the state 
of Ohio, as established by act of congress, entitled "An act to establish 
the northern boundary line of the state of Ohio, and to provide for the 
admission of the state of Michigan into the Union upon the conditions 
therein expressed/' approved June fifteenth, eighteen hundred thirty- 
six; thence with the said boundary line of the state of Ohio, until it 
intersects the boundary line between the United States and Canada in 
Lake Erie; thence with the said boundary line between the United 
States and Canada through the Detroit river, Lake Huron and Lake 
Superior to a point where the said line last touches Lake Superior; 
thence in a direct line through Lake Superior to the mouth of the 
Montreal river; thence through the middle of the main channel of the 
westerly branch of the Montreal river to Island Lake, the head waters 
thereof; thence in a direct line to the center of the channel between 
Middle and South Islands in the Lake of the Desert ; thence in a direct 
line to the southern shore of Lake Brule; thence along said southern 
shore and down the River Brule to the main channel of the Menominee 
river; thence down the center of the main channel of the same to the 



114 THE GOVERNMENT OF MICHIGAN 

center of the most usual ship channel of the Green Bay of Lake Michi- 
gan; thence through the center of the most usual ship channel of the 
said bay to the middle of Lake Michigan; thence through the middle 
of Lake Michigan to the northern boundary of the state of Indiana, as 
that line was established by the act of congress of the nineteenth of 
April, eighteen hundred sixteen; thence due east with the north 
boundary line of the said state of Indiana to the northeast corner 
thereof; and thence south with the eastern boundary line of Indiana to 
the place of beginning. 

Sec. 2. The seat of government shall be at Lansing, where it is now 
established. 

ARTICLE II 

DECLARATION OF RIGHTS 

Section i. All political power is inherent in the people. Govern- 
ment is instituted for their equal benefit, security and protection. 

Sec. 2. The people have the right peaceably to assemble, to consult 
for the common good, to instruct their representatives and to petition 
the legislature for redress of grievances. 

Sec. 3. Every person shall be at liberty to worship God according 
to the dictates of his own conscience. No person shall be compelled 
to attend, or, against his consent, to contribute to the erection or sup- 
port of any place of religious worship, or to pay tithes, taxes or other 
rates for the support of any minister of the gospel or teacher of religion. 
No money shall be appropriated or drawn from the treasury for the 
benefit of any religious sect or society, theological or religious semi- 
nary; nor shall property belonging to the state be appropriated for any 
such purpose. The civil and political rights, privileges and capacities 
of no person shall be diminished or enlarged on account of his religious 
belief. 

Sec. 4. Every person may freely speak, write and publish his senti- 
ments on all subjects, being responsible for the abuse of such right; 
and no law shall be passed to restrain or abridge the liberty of speech 
or of the press. 

Sec. 5. Every person has a right to bear arms for the defense of 
himself and the state. 

Sec. 6. The military shall in all cases and at all times be in strict 
subordination to the civil power. 

Sec. 7. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner or occupant, nor in time of 
war, except in a manner prescribed by law. 



STATE CONSTITUTION 115 

Sec. 8. Neither slavery nor involuntary servitude, unless for the 
punishment of crime, shall ever be tolerated in this state. 

Sec. 9. No bill of attainder, ex post facto law or law impairing the 
obligation of contracts shall be passed. 

Sec. 10. The person, houses, papers and possessions of every person 
shall be secure from unreasonable searches and seizures. No warrant 
to search any place or to seize any person or things shall issue without 
describing them, nor without probable cause, supported by oath or 
affirmation. 

Sec. 11. The privilege of the writ of habeas corpus shall not be sus- 
pended unless in case of rebellion or invasion the public safety may 
require it. 

Sec. 12. Any suitor in any court of this state shall have the right 
to prosecute or defend his suit, either in his own proper person or by 
an attorney or agent of his choice. 

Sec. 13. The right of trial by jury shall remain, but shall be deemed 
to be waived in all civil cases unless demanded by one of the parties in 
such manner as shall be prescribed by law. 

Sec. 14. No person, after acquittal upon the merits, shall be tried 
for the same offense. All persons shall, before conviction, be bailable 
by sufficient sureties, except for murder and treason when the proof is 
evident or the presumption great. 

Sec. 15. Excessive bail shall not be required; excessive fines shall 
not be imposed ; cruel or unusual punishment shall not be inflicted; nor 
shall witnesses be unreasonably detained. 

Sec. 16. No person shall be compelled in any criminal case to be 
a witness against himself, nor be deprived of life, liberty or property, 
without due process of law. 

Sec. 17. No person shall be rendered incompetent to be a witness 
on account of his opinions on matters of religious belief. 

Sec. 18. In all prosecutions for libels the truth may be given in 
evidence to the jury; and, if it shall appear to the jury that the matter 
charged as libelous is true and was published with good motives and 
for justifiable ends, the accused shall be acquitted. 

Sec. 19. In every criminal prosecution, the accused shall have the 
right to a speedy and public trial by an impartial jury, which may con- 
sist of less than twelve men in all courts not of record ; to be informed 
of the nature of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining witnesses in his 
favor; to have the assistance of counsel for his defense; and in courts 
of record, when the trial court shall so order, to have such reasonable assist- 
ance as may be necessary to perfect and prosecute an appeal. 



116 THE GOVERNMENT OF MICHIGAN 

Sec. 20. No person shall be imprisoned for debt arising out of, or 
founded on a contract, express or implied, except in cases of fraud or 
breach of trust, or of moneys collected by public officers or in any pro- 
fessional employment. No person shall be imprisoned for a military 
fine in time of peace. 

Sec. 21. Treason against the state shall consist only in levying war 
against it or in adhering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason unless upon the testimony of 
two witnesses to the same overt act, or on confession in open court. 

ARTICLE III 

ELECTIVE FRANCHISE 

Section i. In all elections, every male inhabitant of this state, 
being a citizen of the United States; every male inhabitant residing in 
this state on the twenty-fourth day of June, eighteen hundred thirty- 
five; every male inhabitant residing in this state on the first day of 
January, eighteen hundred fifty; every male inhabitant of foreign birth 
who, having resided in the state two years and six months prior to the 
eighth day of November, eighteen hundred ninety-four, and having de- 
clared his intention to become a citizen of the United States two years 
and six months prior to said last named day; and every civilized male 
inhabitant of Indian descent, a native of the United States and not a 
member of any tribe, shall be an elector and entitled to vote; but no 
one shall be an elector or entitled to vote at any election unless he 
shall be above the age of twenty-one years, and has resided in this 
state six months and in the township or ward in which he offers to 
vote twenty days next preceding such election: Provided, That in time 
of war, insurrection or rebellion no qualified elector in the actual mili- 
tary service of the United States or of this state, or in the army or 
navy thereof, shall be deprived of his vote by reason of his absence from 
the township, ward or state in which he resides; and the legislature 
shall provide by law the manner in which and the time and place at 
which such absent electors may vote, and for the canvass and return of 
their votes. 

Sec. 2. No elector shall be deemed to have gained or lost a residence 
by reason of his being employed in the service of the United States or 
of this state, nor while engaged in the navigation of the waters of this 
state or of the United States or of the high seas, nor while a student 
at any institution of learning, nor while kept at any almshouse or other 
asylum at public expense, nor while confined in any public prison; ex- 
cept that honorably discharged soldiers, seamen and marines who have 



STATE CONSTITUTION 117 

served in the military or naval forces of the United States or of this 
state and who reside in soldiers' homes established by this state may 
acquire a residence where such home is located. 

Sec. 3. No soldier, seaman or marine in the army or navy of the 
United States shall be deemed a resident of this state in consequence 
of being stationed in any military or naval place within the state. 

Sec. 4. Whenever any question is submitted to a vote of the electors 
which involves the direct expenditure of public money or the issue of 
bonds, every woman having the qualifications of male electors who has 
property assessed for taxes in any part of the district or territory to 
be affected by the result of such election shall be entitled to vote 
thereon. 

Sec. 5. Every elector in all cases, except for treason, felony or 
breach of the peace, shall be privileged from arrest during his attend- 
ance at elections and in going to and returning from the same. 

Sec. 6. No elector shall be obliged to do militia duty on the day of 
election, except in time of war or public danger, or to attend court as 
a suitor or witness. 

Sec. 7. All votes shall be given by ballot, except for such township 
officers as may be authorized by law to be otherwise chosen. 

Sec. 8. Laws shall be passed to preserve the purity of elections and 
guard against abuses of the elective franchise. 

ARTICLE IV 

DIVISION OF THE POWERS OF GOVERNMENT 

Section 1. The powers of government are divided into three 
departments: The legislative, executive and judicial. 

Sec. 2. No person belonging to one department shall exercise the 
powers properly belonging to another, except in the cases expressly 
provided in this constitution. 

ARTICLE V 

LEGISLATIVE DEPARTMENT 

Section 1. The legislative power is vested in a senate and house of 
representatives. 

Sec. 2. The senate shall consist of thirty-two members. Senators 
shall be elected for two years and by single districts. Such districts 
shall be numbered from one to thirty-two, inclusive, each of which shall 
choose one senator. No county shall be divided in the formation of 



118 THE GOVERNMENT OF MICHIGAN 

senatorial districts, unless such county shall be equitably entitled to 
two or more senators. 

Sec. 3. The house of representatives shall consist of not less than 
sixty-four nor more than one hundred members. Representatives shall 
be chosen for two years and by single districts, which shall contain as 
nearly as may be an equal number of inhabitants and shall consist of 
convenient and contiguous territory; but no township or city shall be 
divided in the formation of a representative district. When any town- 
ship or city shall contain a population which entitles it to more than 
one representative, then such township or city shall elect by general 
ticket the number of representatives to which it is entitled. Each 
county, with such territory as may be attached thereto, shall be entitled 
to a separate representative when it has attained a population equal to 
a moiety of the ratio of representation. In every county entitled to 
more than one representative, the board of supervisors shall assemble 
at such time and place as shall be prescribed by law, divide the same 
into representative districts equal to the number of representatives to 
which such county is entitled by law, and shall cause to be filed in the 
offices of the secretary of state and clerk of such county a description 
of such representative districts, specifying the number of each district 
and population thereof according to the last preceding enumeration. 

Sec. 4. At the session in nineteen hundred thirteen, and each tenth 
year thereafter, the legislature shall by law rearrange the senatorial 
districts and apportion anew the representatives among the counties 
and districts according to the number of inhabitants, using as the 
basis for such apportionment the last preceding United States census 
of this state. Each apportionment so made, and the division of any 
county into representative districts by its board of supervisors, made 
thereunder, shall not be altered until the tenth year thereafter. 

Sec. 5. Each senator and representative shall be a citizen of the 
United States and a qualified elector of the district he represents, and 
his removal from the district shall be deemed a vacation of the office. 

Sec. 6. No person holding any office under the United States or this 
state or any county office, except notaries public, officers of the militia 
and officers elected by townships, shall be eligible to or have a seat in 
either house of the legislature; and all votes given for any such person 
shall be void. 

Sec. 7. No person elected a member of the legislature shall receive 
any civil appointment within this state or to the senate of the United 
States from the governor, except notaries public, or from the governor 
and senate, from the legislature, or any other state authority, during 
the term for which he is elected. All such appointments and all votes 



STATE CONSTITUTION 119 

given for any person so elected for any such office or appointment shall 
be void. No member of the legislature shall be interested directly or 
indirectly in any contract with the state or any county thereof, author- 
ized by any law passed during the time for which he is elected, nor for 
one year thereafter. 

Sec. 8. Senators and representatives shall in all cases, except for 
treason, felony or breach of the peace, be privileged from arrest during 
sessions of the legislature and for fifteen days next before the com- 
mencement and after the termination thereof. They shall not be sub- 
ject to any civil process during the same period. They shall not be 
questioned in any other place for any speech in either house. 

Sec. 9. The compensation of the members of the legislature shall be 
eight hundred dollars for the regular session. When convened in extra 
session their compensation shall be five dollars per day for the first 
twenty days and nothing thereafter. Members shall be entitled to ten 
cents per mile and no more for one round trip to each regular and 
special session of the legislature by the usually traveled route. Each 
member shall be entitled to one copy of the laws, journals and docu- 
ments of the legislature of which he is a member, but shall not receive, 
at the expense of the state, books, newspapers or perquisites of the office 
not expressly authorized by this constitution. 

Sec. 10. The president of the senate and speaker of the house of 
representatives shall be entitled to the same compensation and mileage 
as members of the legislature and no more. 

Sec. 11. In case of a contested election, compensation and mileage 
shall be paid only to the person declared to be entitled to a seat by the 
house in which the contest takes place. 

Sec. 12. The election of senators and representatives, pursuant to 
the provisions of this constitution, shall be held on the Tuesday succeed- 
ing the first Monday of November, nineteen hundred ten, and on the 
Tuesday succeeding the first Monday of November of every second year 
thereafter. 

Sec. 13. The legislature shall meet at the seat of government on the 
first Wednesday in January, nineteen hundred nine, and on the first 
Wednesday in January in every second year thereafter, and at no other 
place or time unless as provided in this constitution; and shall ad- 
journ without day, at such time as shall be determined by concurrent 
resolution, at twelve o'clock noon. 

Sec. 14. A majority of each house shall constitute a quorum to do 
business; but a smaller number may adjourn from day to day, and may 
compel the attendance of absent members in such manner and under 
such penalties as each house may prescribe. 



120 THE GOVERNMENT OF MICHIGAN 

Sec. 15. Each house, except as otherwise provided in this constitu- 
tion, shall choose its own officers and determine the rules of its pro- 
ceedings, but shall not adopt any rule that will prevent a majority of 
the members elected from discharging a committee from the further 
consideration of any measure. Each house shall judge of the qualifi- 
cations, elections and returns of its members, and may, with the con- 
currence of two-thirds of all the members elected, expel a member. The 
reasons for such expulsion shall be entered upon the journal, with the 
names of the members voting on the question. No member shall be 
expelled a second time for the same cause. 

Sec. 16. Each house shall keep a journal of its proceedings and pub- 
lish the same, except such parts as may require secrecy. The yeas and, 
nays of the members of either house on any question shall be entered on 
the journal at the request of one-fifth of the members present. Any 
member of either house may dissent from and protest against any act, 
proceeding or resolution which he may deem injurious to any person 
or the public, and have the reason for his dissent entered on the journal. 

Sec. 17. In all elections by either house or in joint convention the 
votes shall be given viva voce. All votes on nominations to the senate 
shall be taken by yeas and nays and published with the journal of its 
proceedings. 

Sec. 18. The doors of each house shall be open unless the public 
welfare requires secrecy. Neither house shall, without the consent of 
the other, adjourn for more than three days, nor to any other place 
than where the legislature may then be in session. 

Sec. 19. All legislation shall be by bill and may originate in either 
house of the legislature. 

Sec. 20. The style of the laws shall be: "The People of the State of 
Michigan enact." 

Sec. 21. No law shall embrace more than one object, which shall be 
expressed in its title. No law shall be revised, altered or amended by 
reference to its title only; but the act revised and the section or sections 
of the act altered or amended shall be re-enacted and published at 
length. No act shall take effect or be in force until the expiration of 
ninety days from the end of the session at which the same is passed, 
except that the legislature may give immediate effect to acts making 
appropriations and acts immediately necessary for the preservation of 
the public peace, health or safety by a two-thirds vote of the members 
elected to each house. 

Sec. 22. No bill shall be passed or become a law at any regular ses- 
sion of the legislature until it has been printed and in the possession of 
each house for at least five days. No bill shall be passed at a special 



STATE CONSTITUTION 121 

session of the legislature on any other subjects than those expressly 
stated in the governor's proclamation or submitted by special message. 
No bill shall be altered or amended on its passage through either house 
so as to change its original purpose. 

Sec. 23. Every bill shall be read three times in each house before the 
final passage thereof. No bill shall become a law without the con- 
currence of a majority of all the members elected to each house. On 
the final passage of all bills, the vote shall be by yeas and nays and 
entered on the journal. 

Sec. 24. The assent of two-thirds of the members elected to each 
house of the legislature shall be requisite to every bill appropriating the 
public money or property for local or private purposes. 

Sec. 25. Fuel, stationery, blanks, printing and binding for the use 
of the state shall be furnished under contract or contracts with the 
lowest bidder or bidders who shall give adequate and satisfactory se- 
curity for the performance thereof. The legislature shall prescribe by 
law the manner in which the state printing shall be executed and the 
accounts rendered therefor; and shall prohibit all charges for construct- 
ive labor. It shall not rescind nor alter such contract, nor release the 
person or persons taking the same or his or their sureties from the per- 
formance of any of the conditions of the contract. No member of the 
legislature nor officer of the state shall be interested directly or indi- 
rectly in any such contract. 

Sec. 26. The legislature may authorize the employment of a chaplain 
for each of the state prisons; but no money shall be appropriated for the 
payment of any religious services in either house of the legislature. 

Sec. 27. The legislature may authorize a trial by a jury of a less 
number than twelve men. 

Sec. 28. The legislature may provide by law for indeterminate sen- 
tences, so called, as a punishment for crime, on conviction thereof, and 
for the detention and release of persons imprisoned or detained on said 
sentences. 

Sec. 29. The legislature shall have power to enact laws relative 
to the hours and conditions under which women and children may be 
employed. 

Sec. 30. The legislature shall pass no local or special act in any 
case where a general act can be made applicable, and whether a general 
act can be made applicable shall be a judicial question. No local or 
special act shall take effect until approved by a majority of the electors 
voting thereon in the district to be affected. 

Sec. 31. The legislature shall not authorize by private or special law 
the sale or conveyance of any real estate belonging to any person. 



122 THE GOVERNMENT OF MICHIGAN 

Sec. 32. Divorces shall not be granted by the legislature. 

Sec. 33. The legislature shall not authorize any lottery nor permit 
the sale of lottery tickets. 

Sec. 34. The legislature shall not audit nor allow any private claim 
or account. 

Sec. 35. The legislature shall not establish a state paper. 

Sec. 36. Every bill passed by the legislature shall be presented to 
the governor before it becomes a law. If he approve, he shall sign it; 
if not, he shall return it with his objections to the house in which it 
originated, which shall enter the objections at large upon its journal 
and reconsider it. On such reconsideration, if two-thirds of the mem- 
bers elected agree to pass the bill, it shall be sent with the objections to 
the other house, by which it shall be reconsidered. If approved by two- 
thirds of the members elected to that house, it shall become a law. In 
such case the vote of both houses shall be determined by yeas and nays 
and the names of the members voting for and against the bill shall be 
entered on the journals of each house, respectively. If any bill be not 
returned by the governor within ten days, Sundays excepted, after it 
has been presented to him, it shall become a law in like manner as if 
he had signed it, unless the legislature, by adjournment, prevents its 
return, in which case it shall not become a law. The governor may 
approve, sign and file in the office of the secretary of state within five 
days, Sundays excepted, after the adjournment of the legislature any 
bill passed during the last five days of the session, and the same shall 
become a law. 

Sec. 37. The governor shall have power to disapprove of any item 
or items of any bill making appropriations of money embracing distinct 
items; and the part or parts approved shall be the law; and the item 
or items disapproved shall be void, unless re-passed according to the 
rules and limitations prescribed for the passage of other bills over the 
executive veto. 

Sec. 38. Any bill passed by the legislature and approved by the gov- 
ernor, except appropriation bills, may be referred by the legislature 
to the qualified electors; and no bill so referred shall become a law 
unless approved by a majority of the electors voting thereon. 

Sec. 39. All laws enacted at any session of the legislature shall be 
published in book form within sixty days after the final adjournment of 
the session, and shall be distributed in such manner as shall be provided 
by law. The speedy publication of such judicial decisions as may be 
deemed expedient shall also be provided for by law. All laws and judi- 
cial decisions shall be free for publication by any person. 

Sec. 40. No general revision of the laws shall hereafter be made. 



STATE CONSTITUTION 123 

Whenever necessary, the legislature shall by law provide for a compila- 
tion of the laws in force, arranged without alteration, under appro- 
priate heads and titles. Such compilation shall be prepared under the 
direction of commissioners, appointed by the governor, who may recom- 
mend to the legislature the repeal of obsolete lav:s and shall examine the 
compilation and certify to its correctness. When so certified, the com- 
pilation shall be printed in such manner as shall be prescribed by law. 

ARTICLE VI 

EXECUTIVE DEPARTMENT 

Section i. There shall be elected at each general biennial election a 
governor, a lieutenant governor, a secretary of state, a state treasurer, a 
commissioner of the state land office, an auditor general and an attorney 
general, for the term of two years. They shall keep their offices at the 
seat of government, superintend them in person and perform such duties 
as may be prescribed by law. The office of commissioner of the state 
land office may be abolished by law. 

Sec. 2. The chief executive power is vested in the governor. 

Sec. 3. The governor shall take care that the laws be faithfully 
executed; shall transact all necessary business with the officers of gov- 
ernment; and may require information in writing from all executive 
and administrative state officers, elective and appointive, upon any sub- 
ject relating to the duties of their respective offices. 

Sec. 4. He shall be commander-in-chief of the military and naval 
forces, and may call out such forces to execute the laws, to suppress 
insurrection and to repel invasion. 

Sec. 5. He shall communicate by message to the legislature, and at 
the close of his official term to the incoming legislature, the condition 
of the state, and recommend such measures as he may deem expedient. 

Sec. 6. He shall issue writs of election to fill such vacancies as 
occur in the senate or house of representatives. 

Sec. 7. He may convene the legislature on extraordinary occasions. 

Sec. 8. He may convene the legislature at some other place when 
the seat of government becomes dangerous from disease or a common 
enemy. 

Sec. 9. He may grant reprieves, commutations and pardons after 
convictions for all offenses, except treason and cases of impeachment, 
upon such conditions and with such restrictions and limitations as he 
may think proper, subject to regulations provided by law relative to the 
manner of applying for pardons. Upon conviction for treason, he may 
suspend the execution of the sentence until the case shall be reported to 



124 THE GOVERNMENT OF MICHIGAN 

the legislature at its next session, when the legislature shall either 
pardon or commute the sentence, direct the execution of the sentence or 
grant a further reprieve. He shall communicate to the legislature at 
each session information of each case of reprieve, commutation or 
pardon granted and the reasons therefor. 

Sec. 10. Whenever a vacancy shall occur in any of the state offices, 
the governor shall fill the same by appointment, by and with the advice 
and consent of the senate, if in session. 

Sec. ii. All official acts of the governor, except his approval of the 
laws, shall be authenticated by the great seal of the state, which shall 
be kept by the secretary of state. 

Sec. 12. All commissions issued to persons holding office under the 
provisions of this constitution shall be in the name and by the authority 
of the people of the state of Michigan, sealed with the great seal of the 
state, signed by the governor and countersigned by the secretary of 
state. 

Sec. 13. No person shall be eligible to the office of governor or lieu- 
tenant governor who shall not have attained the age of thirty years and 
who has not been five years a citizen of the United States and a resident 
of this state two years next preceding his election. 

Sec. 14. No member of congress nor any person holding office under 
the United States or this state shall execute the office of governor, 
except as provided in this constitution. 

Sec. 15. No person elected governor or lieutenant governor shall be 
eligible to any office or appointment from the legislature, or either 
house thereof, during the time for which he was elected. All votes for 
either of them for any such office shall be void. 

Sec. 16. In case of the impeachment of the governor, his removal 
from office, death, inability, resignation or absence from the state, the 
powers and duties of the office shall devolve upon the lieutenant gov- 
ernor for the residue of the term or until the disability ceases. When 
the governor shall be out of the state at the head of the military force 
thereof, he shall continue commander-in-chief of all the military force 
of the state. 

Sec. 17. During a vacancy in the office of governor, if the lieutenant 
governor die, resign, or be impeached, displaced, be incapable of per- 
forming the duties of his office, or absent from the state, the secretary 
of state shall act as governor until the vacancy be filled or the disability 
cease. 

Sec. 18. The lieutenant governor or secretary of state, while per- 
forming the duties of governor, shall receive the same compensation 
as the governor. 



STATE CONSTITUTION 125 

Sec. 19. The lieutenant governor shall be president of the senate, 
but shall have no vote. 

Sec. 20. The secretary of state, state treasurer and commissioner of 
the state land office shall constitute a board of state auditors. They 
shall examine and adjust all claims against the state not otherwise 
provided for by general law. They shall constitute a board of state 
canvassers to determine the result of all elections for governor, lieuten- 
ant governor, state officers and such other officers as shall by law be 
referred to them. They shall act as a state board of escheats and a 
board of fund commissioners. They shall perform such other duties 
as may be prescribed by law. In case the office of commissioner of the 
state land office is abolished, another state officer shall be designated 
by law as a member of the several boards mentioned in this section. 

Sec. 21. The governor and attorney general shall each receive an 
annual salary of five thousand dollars. The secretary of state, state 
treasurer, commissioner of the state land office and auditor general 
shall each receive an annual salary of twenty-five hundred dollars. 
They shall receive no fees or perquisites whatever for the performance 
of any duties connected with the offices. It shall not be competent 
for the legislature to increase the salaries herein provided. 

ARTICLE VII 

JUDICIAL DEPARTMENT 

Section 1. The judicial power shall be vested in one supreme court, 
circuit courts, probate courts, justices of the peace and such other 
courts of civil and criminal jurisdiction, inferior to the supreme court, 
as the legislature may establish by general law, by a two-thirds vote of 
the members elected to each house. 

THE SUPREME COURT 

Sec. 2. The supreme court shall consist of one chief justice and asso- 
ciate justices, to be chosen by the electors of the state at the regular 
biennial spring elections ; and not more than two justices shall go out 
of office at the same time. The term of office shall be prescribed 
by law. 

Sec. 3. Four terms of the supreme court shall be held annually at 
such times and places as may be designated by law. 

Sec. 4. The supreme court shall have a general superintending con- 
trol over all inferior courts; and shall have power to issue writs of 
error, habeas corpus, mandamus, quo warranto, procedendo and other 



126 THE GOVERNMENT OF MICHIGAN 

original and remedial writs, and to hear and determine the same. In 
all other cases it shall have appellate jurisdiction only. 

Sec. 5. The supreme court shall by general rules establish, modify 
and amend the practice in such court and in all other courts of record, 
and simplify the same. The legislature shall, as far as practicable, 
abolish distinctions between law and equity proceedings. The office of 
master in chancery is prohibited. 

Sec. 6. The supreme court may appoint and remove its clerk, a 
reporter of its decisions and a court crier, each of whom shall perform 
such duties and receive such salary as shall be prescribed by law; and 
all fees, perquisites and income collected by the clerk shall be turned over 
by him to the state treasury and credited to the general fund. No justice 
of the supreme court shall exercise any other power of appointment 
to public office. 

Sec. 7. Decisions of the supreme court, including all cases of man- 
damus, quo warranto and certiorari, shall be in writing, with a concise 
statement of the facts and reasons for the decisions; and shall be signed 
by the justices concurring therein. Any justice dissenting from a 
decision shall give the reasons for such dissent in writing under his 
signature. All such opinions shall be filed in the office of the clerk 
of the supreme court. 

CIRCUIT COURTS. 

Sec. 8. The state shall be divided into judicial circuits in each of 
which there shall be elected one circuit judge. The legislature may pro- 
vide by law for the election of more than one circuit judge in any judi- 
cial circuit. A circuit court shall be held at least four times in each 
year in every county organized for judicial purposes. Each circuit 
judge shall hold court in the county or counties within the circuit in 
which he is elected, and in other circuits as may be provided by law. 
The legislature may by law arrange the various circuits into judicial 
districts, and provide for the manner of holding courts therein. Cir- 
cuits and districts may be created, altered or discontinued by law, but 
no such alteration or discontinuance shall have the effect to remove 
a judge from office. 

Sec. 9. Circuit judges shall be elected on the first Monday in April, 
nineteen hundred eleven, and every sixth year thereafter. They shall 
hold office for a term of six years and until their successors are elected 
and qualified. They shall be ineligible to any other than a judicial office 
during the term for which they are elected and for one year thereafter. 

Sec. 10. Circuit courts shall have original jurisdiction in all matters 
civil and criminal not excepted in this constitution and not prohibited 



STATE CONSTITUTION 127 

by law, and appellate jurisdiction from all inferior courts and tribunals 
and a supervisory control of the same. They shall also have power to 
issue writs of habeas corpus, mandamus, injunction, quo warranto and 
certiorari and to hear and determine the same; and to issue such other 
writs as may be necessary to carry into effect their orders, judgments 
and decrees and give them general control over inferior courts and 
tribunals within their respective jurisdictions, and in all such other 
cases and matters as the supreme court shall by rule prescribe. 

Sec. ii. The clerk of each county organized for judicial purposes 
shall be clerk of the circuit court for such county. The judges of the 
circuit courts may fill any vacancy in the offices of county clerk or 
prosecuting attorney within their respective jurisdictions, but shall not 
exercise any any other power of appointment to public office. 

Sec. 12. Each of the judges of the circuit courts shall receive a 
salary payable monthly. In addition to the salary paid from the state 
treasury, each circuit judge may receive from any county in which he 
regularly holds court such additional salary as may be determined from 
time to time by the board of supervisors of the county. In any county 
where such additional salary is granted it shall be paid at the same rate 
to all circuit judges regularly holding court therein. 

PROBATE COURTS 

Sec. 13. In each county organized for judicial purposes, there shall 
be a probate court. The jurisdiction, powers and duties of such courts 
and of the judges thereof shall be prescribed by law, and they shall 
also have original jurisdiction in all cases of juvenile delinquents and 
dependents. 

Sec. 14. Judges of probate shall be elected in the counties in which 
they reside, and shall hold office for four years and until their successors 
are elected and qualified. They shall be elected on the Tuesday succeed- 
ing the first Monday of November, nineteen hundred twelve, and every 
four years thereafter. The legislature may provide by law for the elec- 
tion of more than one judge of probate in counties with more than one 
hundred thousand inhabitants, and may provide for the election of such 
judges in such counties at alternate biennial elections. 

JUSTICES OF THE PEACE 

Sec. 15. There shall be elected in each organized township not to ex- 
ceed four justices of the peace, each of whom shall hold the office for 
four years and until his successor is elected and qualified. At the first 
election in any township they shall be classified as shall be prescribed 



128 THE GOVERNMENT OF MICHIGAN 

by law. A justice elected to fill a vacancy shall hold the office for the 
residue of the unexpired term. The legislature may provide by law for 
justices in cities. 

Sec. 16. In civil cases, justices of the peace shall have exclusive juris- 
diction to the amount of one hundred dollars and concurrent jurisdic- 
tion to the amount of three hundred dollars, which may be increased to 
five hundred dollars, with such exceptions and restrictions as may be 
provided by law. They shall also have such criminal jurisdiction and 
perform such duties as shall be prescribed by law. 

GENERAL PROVISIONS 

Sec. 17. The supreme court and the circuit and probate courts of 
each county shall be courts of record, and shall each have a common 
seal. 

Sec. 18. Justices of the supreme court, circuit judges and justices of 
the peace shall be conservators of the peace within their respective 
jurisdictions. 

Sec. 19. Whenever a judge shall remove beyond the limits of the 
jurisdiction for which he was elected, or a justice of the peace from the 
township in which he was elected, or by a change in the boundaries of 
such township shall be placed without the same, he shall be deemed to 
have vacated the office. 

Sec. 20. When a vacancy occurs in the office of judge of any court of 
record, it shall be filled by appointment of the governor, and the person 
appointed shall hold the office until a successor is elected and qualified. 
When elected, such successor shall hold the office the residue of the 
unexpired term. 

Sec. 21. The legislature may provide by law for the election of 
one or more persons in each organized county who may be vested 
with judicial powers not exceeding those of a judge of the circuit 
court at chambers. 

Sec. 22. The style of all process shall be: "In the Name of the 
People of the State of Michigan." 

ARTICLE VIII 

LOCAL GOVERNMENT 
COUNTIES 

Section 1. Each organized county shall be a body corporate, with 
such powers and immunities as shall be established by law. All suits 
and proceedings by or against a county shall be in the name thereof. 



STATE CONSTITUTION 129 

Sec. 2. No organized county shall be reduced by the organization of 
new counties to less than sixteen townships as surveyed by the United 
States, unless in pursuance of law a majority of electors voting on the 
question in each county to be affected thereby shall so decide. When 
any city has attained a population of one hundred thousand inhabitants, 
the legislature may organize it into a separate county without refer- 
ence to geographical extent, if a majority of the electors of such city 
and of the remainder of the county in which such city may be situated 
voting on the question shall each determine in favor of organizing said 
city into a separate county. 

Sec. 3. There shall be elected biennially in each organized county a 
sheriff, a county clerk, a county treasurer, a register of deeds and a pros- 
ecuting attorney, whose duties and powers shall be prescribed by law. 
The board of supervisors in any county may unite the offices of county 
clerk and register of deeds in one office or separate the same at pleasure. 

Sec. 4. The sheriff, county clerk, county treasurer, judge of probate 
and register of deeds shall hold their offices at the county seat. 

Sec. 5. The sheriff shall hold no other office, and shall be incapable 
of holding the office of sheriff longer than four in any period of six 
years. He may be required by law to renew his security from time to 
time, and, in default of giving such security, his office shall be deemed 
vacant. The county shall never be responsible for his acts. 

Sec. 6. The legislature shall by general law provide for the appoint- 
ment of a board of jury commissioners in each county; but such law 
shall not become operative in any county until a majority of the electors 
of the county voting thereon shall so decide. 

Sec. 7. A board of supervisors, consisting of one from each organized 
township, shall be established in each county, with such powers as shall 
be prescribed by law. Cities shall have such representation in the 
boards of supervisors of the counties in which they are situated as may 
be provided by law. 

Sec. 8. The legislature may by general law confer upon the boards of 
supervisors of the several counties such powers of a local, legislative 
and administrative character, not inconsistent with the provisions of 
this constitution, as it may deem proper. 

Sec. 9. The boards of supervisors shall have exclusive power to fix 
the salaries and compensation of all county officials not otherwise pro- 
vided for by law. The boards of supervisors, or in counties having 
county auditors, such auditors, shall adjust all claims against their 
respective counties; appeals may be taken from such decisions of the 
boards of supervisors or auditors to the circuit court in such manner as 
shall be prescribed by law. 



130 THE GOVERNMENT OF MICHIGAN 

Sec. 10. The board of supervisors of any county may in any one year 
levy a tax of one-tenth of one mill on the assessed valuation of said 
county for the construction or repair of public buildings or bridges, or 
may borrow an equal sum for such purposes; and, in any county where 
the assessed valuation is less than ten million dollars, the board may 
levy a tax or borrow for such purposes to the amount of one thousand 
dollars; but no greater sum shall be raised for such purposes in any 
county in any one year, unless submitted to the electors of the county 
and approved by a majority of those voting thereon. 

Sec. ii. Any county in this state, either separately or in conjunc- 
tion with other counties, may appropriate money for the construction 
and maintenance or assistance of public and charitable hospitals, sana- 
toria or other institutions for the treatment of persons suffering from 
contagious or infectious diseases. Each county may also maintain an 
infirmary for the care and support of its indigent poor and unfortunate, 
and all county poor houses shall hereafter be designated and maintained 
as county infirmaries. 

Sec. 12. No county shall incur any indebtedness which shall in- 
crease its total debt beyond three per cent of its assessed valuation. 

Sec. 13. No county seat once established shall be removed until the 
place to which it is proposed to be removed shall be designated by two- 
thirds of the board of supervisors of the county, and a majority of the 
electors voting thereon shall have voted in favor of the proposed loca- 
tion, in such manner as shall be prescribed by law. 

Sec. 14. No navigable stream of this state shall be either bridged or 
dammed without permission granted by the board of supervisors of the 
county under the provisions of law, which permission shall be subject 
to such reasonable compensation and other conditions as may seem best 
suited to safeguard the rights and interests of the county and the muni- 
cipalities therein. No such law shall preclude the state from improving 
the navigation of any such stream, nor prejudice the right of individuals 
to the free navigation thereof. 

Sec. 15. The board of supervisors of each organized county may 
organize and consolidate townships under such restrictions and limi- 
tations as shall be prescribed by law. 

TOWNSHIPS 

Sec. 16. Each organized township shall be a body corporate, with 
such powers and immunities as shall be prescribed by law. All suits 
and proceedings by or against a township shall be in the name thereof. 

Sec. 17. The legislature may by general law confer upon organized 
townships such powers of a local, legislative and administrative charac- 



STATE CONSTITUTION 131 

ter, not inconsistent with the provisions of this constitution, as it may 
deem proper. 

Sec. 1 8. There shall be elected annually on the first Monday of April 
in each organized township one supervisor, one township clerk, one com- 
missioner of highways, one township treasurer, not to exceed four con- 
stables and one overseer of highways for each highway district, whose 
powers and duties shall be prescribed by law. 

Sec. 19. No township shall grant any public utility franchise which 
is not subject to revocation at the will of the township, unless such 
proposition shall have first received the affirmative vote of a majority 
of the electors of such township voting thereon at a regular or special 
election. 

CITIES AND VILLAGES 

Sec. 20. The legislature shall provide by a general law for the 
incorporation of cities, and by a general law for the incorporation 
of villages; such general laws shall limit their rate of taxation for 
municipal purposes, and restrict their powers of borrowing money 
and contracting debts. 

Sec. 21. Under such general laws, the electors of each city and village 
shall have power and authority to frame, adopt and amend its charter, 
and, through its regularly constituted authority, to pass all laws and 
ordinances relating to its municipal concerns, subject to the constitution 
and general laws of this state. 

Sec. 22. Any city or village may acquire, own, establish and main- 
tain, either within or without its corporate limits, parks, boulevards, 
cemeteries, hospitals, almshouses and all works which involve the 
public health or safety. 

Sec. 23. Subject to the provisions of this constitution, any city or 
village may acquire, own and operate, either within or without its cor- 
porate limits, public utilities for supplying water, light, heat, power and 
transportation to the municipality and the inhabitants thereof; and 
may also sell and deliver water, heat, power and light without its cor- 
porate limits to an amount not to exceed twenty-five per cent of that 
furnished by it within the corporate limits; and may operate transpor- 
tation lines without the municipality within such limits as may be 
prescribed by law: Provided, That the right to own or operate trans- 
portation facilities shall not extend to any city or village of less than 
twenty-five thousand inhabitants. 

Sec. 24. When a city or village is authorized to acquire or operate 
any public utility, it may issue mortgage bonds therefor beyond the 
general limit of bonded indebtedness prescribed by law: Provided, 



132 THE GOVERNMENT OF MICHIGAN 

That such mortgage bonds issued beyond the general limit of bonded 
indebtedness prescribed by law shall not impose any liability upon such 
city or village, but shall be secured only upon the property and revenues 
of such public utility, including a franchise stating the terms upon which, 
in case of foreclosure, the purchaser may operate the same, which fran- 
chise shall in no case extend for a longer period than twenty years from 
the date of the sale of such utility and franchise on foreclosure. 

Sec. 25. No city or village shall have power to abridge the right of 
elective franchise, to loan its credit, nor to assess, levy or collect any 
tax or assessment for other than a public purpose. Nor shall any city 
or village acquire any public utility or grant any public utility fran- 
chise which is not subject to revocation at the will of the city or village, 
unless such proposition shall have first received the affirmative vote of 
three-fifths of the electors of such city or village voting thereon at a 
regular or special municipal election; and upon such proposition women 
taxpayers having the qualifications of male electors shall be entitled to 
vote. 

GENERAL PROVISIONS 

Sec. 26. The legislature may by general law provide for the laying 
out, construction, improvement and maintenance of highways, bridges 
and culverts by counties, districts and townships; and may authorize 
counties or districts to take charge and control of any highways 
within their limits for such purposes. The legislature may also by 
general law prescribe the powers and duties of boards of supervisors in 
relation to highways, bridges and culverts; may provide for county and 
district road commissioners to be appointed or elected, with such powers 
and duties as may be prescribed by law; and may change and abolish 
the powers and duties of township commissioners and overseers of high- 
ways. The legislature may provide by law for submitting the question 
of adopting a county or district road system to the electors of the coun- 
ties or proposed districts, and such road system shall not go into opera- 
tion in any county or district until approved by a majority of the electors 
thereof voting on such question. The tax raised for road purposes shall 
not exceed in any one year three dollars upon each one thousand dollars 
of assessed valuation for the preceding year. 

Sec. 27. The legislature shall not vacate nor alter any road laid out 
by commissioners of highways, or any street, alley or public ground in 
any city or village or in any recorded town plat. 

Sec. 28. No person, partnership, association or corporation operating 
a public utility shall have the right to the use of the highways, streets, 
alleys or other public places of any city, village or township for wires, 



STATE CONSTITUTION 133 

poles, pipes, tracks or conduits, without the consent of the duly consti- 
tuted authorities of such city, village or township; nor to transact a 
local business therein without first obtaining a franchise therefor from 
such city, village or township. The right of all cities, villages and town- 
ships to the reasonable control of their streets, alleys and public places 
is hereby reserved to such cities, villages and townships. 

Sec. 29. No franchise or license shall be granted by any municipality 
of this state for a longer period than thirty years. 

ARTICLE IX 

IMPEACHMENTS AND REMOVALS FROM OFFICE 

Section 1. The house of representatives shall have the sole power of 
impeaching civil officers for corrupt conduct in office, or for crimes or 
misdemeanors; but a majority of the members elected shall be necessary 
to direct an impeachment. 

Sec. 2. When an impeachment is directed, the house of representa- 
tives shall elect from its own body three members, whose duty it shall be 
to prosecute such impeachment. No impeachment shall be tried until 
the final adjournment of the legislature, when the senate shall proceed 
to try the same. 

Sec. 3. Every impeachment shall be tried by the senate. When the 
governor or lieutenant governor is tried, the chief justice of the supreme 
court shall preside. When an impeachment is directed, the senate shall 
take an oath or affirmation truly and impartially to try and determine 
the same according to the evidence. No person shall be convicted with- 
out the concurrence of two-thirds of the members elected. Judgment 
in case of impeachment shall not extend further than removal from 
office, but the person convicted shall be liable to punishment according 
to law. 

Sec. 4. No judicial officer shall exercise his office after an impeach- 
ment is directed until he is acquitted. 

Sec. 5. The governor may make a provisional appointment to fill a 
vacancy occasioned by the suspension of an officer, until he shall be 
acquitted or until after the election and qualification of a successor. 

Sec. 6. For reasonable cause, which shall not be sufficient ground for 
impeachment, the governor shall remove any judge on a concurrent 
resolution of two-thirds of the members elected to each house of the 
legislature; and the cause for which such removal is required shall be 
stated at length in such resolution. 

Sec. 7. The governor shall have power and it shall be his duty, 
except at such time as the legislature may be in session, to examine into 



134 THE GOVERNMENT OF MICHIGAN 

the condition and administration of any public office and the acts of 
any public officer, elective or appointive; to remove from office for gross 
neglect of duty or for corrupt conduct in office, or any other misfeasance 
or malfeasance therein, any elective or appointive state officer, except 
legislative or judicial, and report the causes of such removal to the 
legislature at its next session. 

Sec. 8. Any officer elected by a county, city, village, township or 
school district may be removed from office in such manner and for such 
cause as shall be prescribed by law. 

ARTICLE X 

FINANCE AND TAXATION 

Section i. All subjects of taxation now contributing to the primary 
school interest fund under present laws shall continue to contribute to 
that fund, and all taxes from such subjects shall be first applied in pay- 
ing the interest upon the primary school, university and other educa- 
tional funds in the order herein named, after which the surplus of such 
moneys shall be added to and become a part of the primary school 
interest fund. 

Sec. 2. The legislature shall provide by law for an annual tax suffi- 
cient with other resources to pay the estimated expenses of the state 
government, the interest on any state debt and such deficiency as may 
occur in the resources. 

Sec. 3. The legislature shall provide by law a uniform rule of taxa- 
tion, except on property paying specific taxes, and taxes shall be levied 
on such property as shall be prescribed by law: Provided, That the 
legislature shall provide by law a uniform rule of taxation for such 
property as shall be assessed by a state board of assessors, and the rate 
of taxation on such property shall be the rate which the state board 
of assessors shall ascertain and determine is the average rate levied 
upon other property upon which ad valorem taxes are assessed for state, 
county, township, school and municipal purposes. 

Sec. 4. The legislature may by law impose specific taxes, which shall 
be uniform upon the classes upon which they operate. 

Sec. 5. The legislature may provide by law for the assessment at its 
true cash value by a state board of assessors, of which the governor 
shall be ex-officio a member, of the property of corporations and the 
property, by whomsoever owned, operated or conducted, engaged in the 
business of transporting passengers and freight, transporting property 
by express, operating any union station or depot, transmitting messages 



-TATE COXSTITUTI' 135 

by telephone or telegraph, loaning cars, operating refrigerator cars, 
freight lines or other car lines and running or operating cars in any 
manner upon railroads, or engaged in any other public service busi- 
and for the levy and collection of taxes thereon. 

Sec. 6. Even.* law which imposes, continues or revives D dis- 

tinctly state the tax, and the objects to which it is to be applied: and it 
shall not be sufficient to refer to any other law to fix such tax or object. 

Sec. 7. All assessments hereafter authorized shall be on proper 
Ha ash value. 

Sec. 8. In the year nineteen hundred eleven, every fifth year there- 
after and at such other times as the legislature may direct, the legis- 
lature shall provide by law for an equalization of assessments by a state 
board, on all taxable property, except that taxed under laws passed 
pursuant to sections four and five of this article. 

Sec. 9. The power of taxation shall never be surrendered or sus- 
pended by any grant or contract to which the state or any municipal 
corporation shall be a ps 

Sec. 10. The state may contract debts to meet deficits in revenue, 
but such debts shall not in the aggregate at any time exceed tico hun- 
dred fifty thousand dollars. The state may also contract debts to repel 
invasion, suppress insurrection, defend the state or aid tht ' 
in time of war. The money so raised shall be applied to the purp - 9 
for which it is raised or to the payment of the debts contracted. 

Sec. 11. No scrip, certificate or other evidence of state indebtedness 
shall be issued, except for such debts as are expressly authorized in this 
constitution. 

Sec. 12. The credit of the state shall not be granted to. nor in aid of 
any perse: :ion or corporation, public or private. 

Sec. 13. The state shall not subscribe to. nor be interested in the 
stock of any company, association or corporation. 

Sec. 14. The state shall not be a party to. nor be interested in any 
work of internal improvement, nor engage in carrying on any such 
work, except in the improvement of, or aiding in the improvement of 
the public wagon roads, in the reforestation and protection of lands 
owned by the state and in the expenditure of grants to the state of 
land or other property. 

Se c . 1 5 . No state me n e y shall be deposited in banks other than those 
organized under the national or state banking laws. X: Estate money 
shall be deposited in any bank in excess of fifty per cent of the capital 
and surplus of such bank. Any bank receiving depos:~ e money 

shall show the amount of state money so deposited as a separate item in 
all published statemen:s. 



136 THE GOVERNMENT OF MICHIGAN 

Sec. 1 6. No money shall be paid out of the state treasury except in 
pursuance of appropriations made by law. 

Sec. 17. An accurate statement of the receipts and expenditures of 
the public moneys shall be attached to and published with the laws 
passed at every regular session of the legislature. 

Sec. 18. The legislature shall provide by law for the keeping of 
accounts by all state officials, boards and institutions, and by all county 
officials; and shall also provide for the supervision and audit thereof 
by competent state authority and for uniform reports of all public 
accounts to such authority. Such systems of account shall provide for 
accurate records of all financial and other transactions and for checks 
upon all receipts and disbursements of all such officials, boards and 
institutions; and shall be uniform for all similar boards, institutions 
and county officials. All public accounts and the audit thereof shall be 
public records and open to inspection. 

Sec. 19. No collector, holder or disburser of public moneys shall have 
a seat in the legislature, nor be eligible to any office of trust or profit 
under this state, until he shall have accounted for and paid over, as 
provided by law, all sums for which he may be liable. 

ARTICLE XI 

EDUCATION 

Section 1. Religion, morality and knowledge being necessary to good 
government and the happiness of mankind, schools and the means of 
education shall forever be encouraged. 

Sec. 2. A superintendent of public instruction shall be elected at the 
regular election to be held on the first Monday in April, nineteen hun- 
dred nine, and every second year thereafter. He shall hold office for a 
period of two years from the first day of July following his election 
and until his successor is elected and qualified. He shall have general 
supervision of public instruction in the state. He shall be a member 
and secretary of the state board of education. He shall be ex-officio 
a member of all other boards having control of public instruction in 
any state institution, with the right to speak but not to vote. His 
duties and compensation shall be prescribed by law. 

Sec. 3. There shall be a board of regents of the university, consisting 
of eight members, who shall hold the office for eight years. There shall 
be elected at each regular biennial spring election two members of such 
board. When a vacancy shall occur in the office of regent it shall be 
filled by appointment of the governor. 



STATE CONSTITUTION 137 

Sec. 4. The regents of the university and their successors in office 
shall continue to constitute the body corporate known as "The Regents 
of the University of Michigan." 

Sec. 5. The regents of the university shall, as often as necessary, 
elect a president of the university. The president of the university and 
the superintendent of public instruction shall be ex-officio members of 
the board of regents, with the privilege of speaking but not of voting. 
The president shall preside at the meetings of the board and be the prin- 
cipal executive officer of the university. The board of regents shall have 
the general supervision of the university and the direction and control 
of all expenditures from the university funds. 

Sec. 6. The state board of education shall consist of four members. 
On the first Monday in April, nineteen hundred nine, and at each suc- 
ceeding biennial spring election, there shall be elected one member of 
such board who shall hold his office for six years from the first day of 
July following his election. The state board of education shall have 
general supervision of the state normal college and the state normal 
schools, and the duties of said board shall be prescribed by law. 

Sec. 7. There shall be elected on the first Monday in April, nineteen 
hundred nine, a state board of agriculture to consist of six members, 
two of whom shall hold the office for two years, two for four years and 
two for six years. At every regular biennial spring election thereafter, 
there shall be elected two members whose term of office shall be six 
years. The members thus elected and their successors in office shall be 
a body corporate to be known as "The State Board of Agriculture." 

Sec. 8. The state board of agriculture shall, as often as necessary, 
elect a president of the agricultural college, who shall be ex-officio a 
member of the board with the privilege of speaking but not of voting. 
He shall preside at the meetings of the board and be the principal exec- 
utive officer of the college. The board shall have the general supervi- 
sion of the college, and the direction and control of all agricultural 
college funds; and shall perform such other duties as may be prescribed 
by law. 

Sec. 9. The legislature shall continue a system of primary schools, 
whereby every school district in the state shall provide for the educa- 
tion of its pupils without charge for tuition; and all instruction in 
such schools shall be conducted in the English language. If any school 
district shall neglect to maintain a school within its borders as pre- 
scribed by law for at least five months in each year, or to provide for the 
education of its pupils in another district or districts for an equal 
period, it shall be deprived for the ensuing year of its proportion of the 
primary school interest fund. 



138 THE GOVERNMENT OF MICHIGAN 

Sec. io. The legislature shall maintain the university, the college of 
mines, the state agricultural college, the state normal college and such 
state normal schools and other educational institutions as may be estab- 
lished by law. 

Sec. ii. The proceeds from the sales of all lands that have been or 
hereafter may be granted by the United States to the state for educa- 
tional purposes and the proceeds of all lands or other property given 
by individuals or appropriated by the state for like purposes shall be 
and remain a perpetual fund, the interest and income of which, to- 
gether with the rents of all such lands as may remain unsold, shall be 
inviolably appropriated and annually applied to the specific objects of 
the original gift, grant or appropriation. 

Sec. 12. All lands, the titles to which shall fail from a defect of 
heirs, shall escheat to the state, and the interest on the clear proceeds 
from the sales thereof shall be appropriated exclusively to the support 
of the primary schools. 

Sec. 13. The legislature shall appropriate all salt spring lands now 
unappropriated, or the money arising from the sale of the same, where 
such lands have already been sold, and any funds or lands which may 
hereafter be granted or appropriated for such purpose, for the support 
and maintenance of the agricultural college. 

Sec. 14. The legislature shall provide by law for the establishment 
of at least one library in each township and city; and all fines assessed 
and collected in the several counties, cities and townships for any breach 
of the penal laws shall be exclusively applied to the support of such 
libraries. 

Sec. 15. Institutions for the benefit of those inhabitants who are 
deaf, dumb, blind, feeble-minded or insane shall always be fostered and 
supported. 

ARTICLE XII 

CORPORATIONS 

Section 1. Corporations may be formed under general laws, but 
shall not be created, nor shall any rights, privileges or franchises be 
conferred upon them, by special act of the legislature. All laws here- 
tofore or hereafter passed by the legislature for the formation of, or 
conferring rights, privileges or franchises upon corporations and all 
rights, privileges or franchises conferred by such laws may be amended, 
altered, repealed or abrogated. 

Sec. 2. The term " corporation" as used in this article shall be 
construed to include all associations and joint stock companies hav- 



STATE CONSTITUTION 139 

ing any of the powers or privileges of corporations not possessed by- 
individuals or partnerships. All corporations shall have the right to 
sue and be subject to be sued in all courts in like cases as natural 
persons. 

Sec. 3. No corporation shall be created for a longer period than 
thirty years, except for municipal, railroad, insurance, canal or cemetery 
purposes, or corporations organized without any capital stock for reli- 
gious, benevolent, social or fraternal purposes; but the legislature 
may provide by general laws, applicable to any corporations, for one 
or more extensions of the term of such corporations, while such term 
is running, not exceeding thirty years for each extension, on the consent 
of not less than two-thirds of the capital stock of the corporation; and 
by like general laws for the corporate reorganization for a further 
period, not exceeding thirty years, of such corporations whose terms 
have expired by limitation, on the consent of not less than four-fifths of 
the capital stock. 

Sec. 4. The stockholders of every corporation and joint stock asso- 
ciation shall be individually liable for all labor performed for such 
corporation or association. 

Sec. 5. No corporation shall hold any real estate for a longer period 
than ten years, except such real estate as shall be actually occupied 
by such corporation in the exercise of its franchises. 

Sec. 6. The legislature shall pass no law renewing or extending any 
special act of incorporation heretofore granted. 

Sec. 7. The legislature may, from time to time, pass laws establish- 
ing reasonable maximum rates of charges for the transportation of 
passengers and freight on different railroads in this state, and may pass 
laws establishing reasonable maximum rates of charges for the transporta- 
tion of property by express companies in this state, and may delegate such 
power to fix reasonable maximum rates of charges for the transporta- 
tion of freight by railroad companies and for the transportation of prop- 
erty by express companies to a commission created by law; and shall 
prohibit running contracts between such railroad companies whereby 
discrimination is made in favor of either of such companies as against 
other companies owning connecting or intersecting lines of railroad. 

Sec. 8. No railroad corporation shall consolidate its stock, property 
or franchises with any other railroad corporation owning a parallel or 
competing line; and in no case shall any consolidation take place 
except upon at least sixty days' public notice to all stockholders in 
such manner as shall be provided by law. 

Sec. 9. No general law providing for the incorporation of trust com- 
panies or corporations for banking purposes, or regulating the business 



140 THE GOVERNMENT OF MICHIGAN 

thereof, shall be adopted, amended or repealed except by a vote of two- 
thirds of the members elected to each house of the legislature. Such 
laws shall not authorize the issue of bank notes or paper credit to 
circulate as money. 

ARTICLE XIII 

EMINENT DOMAIN 

Section i. Private property shall not be taken by the public nor by 
any corporation for public use, without the necessity therefor being first 
determined and just compensation therefor being first made or secured 
in such manner as shall be prescribed by law. 

Sec. 2. When private property is taken for the use or benefit of the 
public, the necessity for using such property and the just compensation 
to be made therefor, except when to be made by the state, shall be ascer- 
tained by a jury of twelve freeholders residing in the vicinity of such 
property, or by not less than three commissioners appointed by a court 
or record, as shall be prescribed by law: Provided, That the foregoing 
provision shall not be construed to apply to the action of commissioners 
of highways or road commissioners in the official discharge of their 
duties. 

Sec. 3. Private roads may be opened in the manner prescribed by 
law; but in every case the necessity for the road and the amount of all 
damages to be sustained by the opening thereof shall be first determined 
by a jury of six freeholders or by not less than three commissioners, and 
such amount, together with the expense of proceedings, shall be paid by 
the person or persons to be benefited. 

Sec. 4. The regents of the university of Michigan shall have power 
to take private property for the use of the university, in the manner 
prescribed by law. 

ARTICLE XIV 

EXEMPTIONS 

Section 1. The personal property of every resident of this state, to 
consist of such property only as shall be designated by law, shall be 
exempted to the amount of not less than five hundred dollars from sale 
on execution or other final process of any court. 

Sec. 2. Every homestead of not exceeding forty acres of land and 
the dwelling house thereon and the appurtenances to be selected by the 
owner thereof and not included in any town plat, city or village; or 
instead thereof, at the option of the owner, any lot in any city, village 



STATE CONSTITUTION 141 

or recorded town plat, or such parts of lots as shall be equal thereto, and 
the dwelling house thereon and its appurtenances, owned and occupied 
by any resident of the state, not exceeding in value fifteen hundred dol- 
lars, shall be exempt from forced sale on execution or any other final 
process from a court. Such exemption shall not extend to any mort- 
gage thereon lawfully obtained, but such mortgage or other alienation 
of such land by the owner thereof, if a married man, shall not be valid 
without the signature of his wife to the same. 

Sec. 3. The homestead of a family, after the death of the owner 
thereof, shall be exempt from the payment of his debts in all cases 
during the minority of his children. 

Sec. 4. If the owner of a homestead die, leaving a widow but no 
children, such homestead shall be exempt, and the rents and profits 
thereof shall accrue to her benefit during the time of her widowhood, 
unless she be the owner of a homestead in her own right. 

ARTICLE XV 

MILITIA 

Section 1. The militia shall be composed of all able-bodied male citi- 
zens between the ages of eighteen and forty-five years, except such as 
are exempted by the laws of the United States or of this state; but all 
such citizens of any religious denomination, who, from scruples of con- 
science, may be averse to bearing arms, shall be excused therefrom upon 
such conditions as shall be prescribed by law. 

Sec. 2. The legislature shall provide by law for organizing, equipping 
and disciplining the militia in such manner as it shall deem expedient, 
not incompatible with the laws of the United States. 

Sec. 3. Officers of the militia shall be elected or appointed and be 
commissioned in such manner as may be prescribed by law. 

ARTICLE XVI 

MISCELLANEOUS PROVISIONS 

Section 1. The terms of office of all elective state officers and of all 
judges of courts of record shall begin on the first day of January next 
succeeding their election, except as otherwise prescribed in this consti- 
tution. The terms of office of all county officers shall begin on the first 
day of January next succeeding their election, except as otherwise 
prescribed by law. 

Sec. 2. Members of the legislature and all officers, executive and 



142 THE GOVERNMENT OF MICHIGAN 

judicial, except such officers as may by law be exempted, shall, before 
they enter on the duties of their respective offices, take and subscribe the 
following oath or affirmation: "I do solemnly swear (or affirm) that I 
will support the constitution of the United States and the constitution 
of this state, and that I will faithfully discharge the duties of the office 
of according to the best of my ability.' ' No other oath, declara- 
tion or test shall be required as a qualification for any office or public 
trust. 

Sec. 3. Neither the legislature nor any municipal authority shall 
grant or authorize extra compensation to any public officer, agent, em- 
ploye" or contractor after the service has been rendered or the contract 
entered into. Salaries of public officers, except circuit judges, shall not 
be increased, nor shall the salary of any public officer be decreased, after 
election or appointment. 

Sec. 4. In case two or more persons have an equal and the highest 
number of votes for any office, as canvassed by the board of state can- 
vassers, the legislature in joint convention shall choose one of said per- 
sons to fill such office. When the determination of the board of state 
canvassers is contested, the legislature in joint convention shall decide 
which person is elected. 

Sec. 5. The legislature may provide by law the cases in which any 
office shall be deemed vacant and the manner of filling vacancies, where 
no provision is made in this constitution. 

Sec. 6. The laws, public records and the written judicial and leg- 
islative proceedings of the state shall be conducted, promulgated and 
preserved in the English language. 

Sec. 7. The legislature may establish courts of conciliation with such 
powers and duties as shall be prescribed by law. 

Sec. 8. The real and personal estate of every woman, acquired before 
marriage, and all property to which she may afterwards become entitled 
by gift, grant, inheritance or devise shall be and remain the estate and 
property of such woman, and shall not be liable for the debts, obliga- 
tions or engagements of her husband, and may be devised or bequeathed 
by her as if she were unmarried. 

Sec. 9. Aliens, who are or who may hereafter become bona fide 
residents of this state, shall enjoy the same rights in respect to the 
possession, enjoyment and inheritance of property as native born 
citizens. 

Sec. 10. No lease or grant of agricultural land for agricultural 
purposes for a longer period than twelve years, reserving any rent or 
service of any kind, shall be valid. 



STATE CONSTITUTION 143 

ARTICLE XVII 

AMENDMENT AND REVISION 

Section i. Any amendment or amendments to this constitution may 
be proposed in the senate or house of representatives. If the same shall 
be agreed to by two-thirds of the members elected to each house, such 
amendment or amendments shall be entered on the journals, respec- 
tively, with the yeas and nays taken thereon; and the same shall be sub- 
mitted to the electors at the next spring or autumn election thereafter, 
as the legislature shall direct; and, if a majority of electors qualified to 
vote for members of the legislature voting thereon shall ratify and 
approve such amendment or amendments, the same shall become part 
of the constitution. 

Sec. 2. Amendments may also be proposed to this constitution 
by petition of the qualified electors of this state but no proposed 
amendment shall be submitted to the electors unless the number of 
petitioners therefor shall exceed twenty per cent of the total number 
of electors voting for secretary of state at the preceding election 
of such officer. All petitions shall contain the full text of any 
proposed amendment, together with any existing provisions of the 
constitution which would be altered or abrogated thereby. Such 
petitions shall be signed at the regular registration or election places at 
a regular registration or election under the supervision of the officials 
thereof, who shall verify the genuineness of the signatures and certify 
the fact that the signers are registered electors of the respective town- 
ships and cities in which they reside, and shall forthwith forward the 
petitions to the secretary of state. All petitions for amendments filed 
with the secretary of state shall be certified by that officer to the legisla- 
ture at the opening of its next regular session; and, when such peti- 
tions for any one proposed amendment shall be signed by not less than 
the required number of petitioners, he shall also submit the proposed 
amendment to the electors at the first regular election thereafter, unless 
the legislature in joint convention shall disapprove of the proposed 
amendment by a majority vote of the members elected. The legislature 
may, by a like vote, submit an alternative or a substitute proposal on 
the same subject. The action of the legislature shall be entered on the 
journal of each house, with the yeas and nays taken thereon. But no 
amendment to this section may be proposed in the manner herein 
prescribed. 

If a majority of the electors qualified to vote for members of the legis- 
lature voting thereon shall ratify and approve any such amendment or 



144 THE GOVERNMENT OF MICHIGAN 

amendments, the same shall become a part of the constitution: Pro- 
vided, That for any amendment proposed under this section, the affirma- 
tive vote shall be not less than one-third of the highest number of votes 
cast at the said election for any office. In case alternative proposed 
amendments on the same subject are submitted at the same election, the 
vote shall be for one of such alternatives or against such proposed amend- 
ments as a whole. If the affirmative vote for one proposed amendment 
is the required majority of all the votes cast for and against such pro- 
posed amendments, it shall become a part of the constitution. If the 
total affirmative vote for such alternative proposed amendments is the 
required majority of all the votes for and against them, but no one 
proposed amendment receives such majority, then the proposed amend- 
ment which receives the largest number of affirmative votes shall be 
submitted at the next regular election, and if it then receives the 
required majority of all the votes cast thereon it shall become a part of 
the constitution. The legislature shall enact appropriate laws to carry 
out the provisions of this section. 

Sec. 3. All proposed amendments to the constitution submitted to 
the electors shall be published in full, with any existing provisions of the 
constitution which would be altered or abrogated thereby, and a copy 
thereof shall be posted at each registration and election place. Proposed 
amendments shall also be printed in full on a ballot or ballots separate 
from the ballot containing the names of nominees for public office. 

Sec. 4. At the general election to be held in the year nineteen hun- 
dred twenty-six, in each sixteenth year thereafter and at such other 
times as may be provided by law, the question of a general revision of 
the constitution shall be submitted to the electors qualified to vote for 
members of the legislature. In case a majority of such electors voting 
at such election shall decide in favor of a convention for such purpose, 
at the next biennial spring election the electors of each senatorial dis- 
trict of the state as then organized shall elect three delegates. The 
delegates so elected shall convene at the state capitol on the first Tues- 
day in September next succeeding such election, and shall continue their 
sessions until the business of the convention shall be completed. A 
majority of the delegates elected shall constitute a quorum for the trans- 
action of business. The convention shall choose its own officers, deter- 
mine the rules of its proceedings and judge of the qualifications, elections 
and returns of its members. In case of a vacancy by death, resignation 
or otherwise, of any delegate, such vacancy shall be filled by appoint- 
ment by the governor of a qualified resident of the same district. The 
convention shall have power to appoint such officers, employes and 
assistants as it may deem necessary and to fix their compensation, and 



STATE CONSTITUTION 145 

to provide for the printing and distribution of its documents, journals 
and proceedings. Each delegate shall receive for his services the sum of 
one thousand dollars and the same mileage as shall then be payable to 
members of the legislature, but such compensation may be increased by 
law. No proposed constitution or amendment adopted by such conven- 
tion shall be submitted to the electors for approval as hereinafter pro- 
vided unless by the assent of a majority of all the delegates elected 
to the convention, the yeas and nays being entered on the journal. Any 
proposed constitution or amendments adopted by such convention shall 
be submitted to the qualified electors in the manner provided by such 
convention on the first Monday in April following the final adjourn- 
ment of the convention; but, in case an interval of at least ninety days 
shall not intervene between such final adjournment and the date of 
such election, then it shall be submitted at the next general election. 
Upon the approval of such constitution or amendments by a majority of 
the qualified electors voting thereon such constitution or amendments 
shall take effect on the first day of January following the approval 
thereof. 



AMENDMENTS TO THE CONSTITUTION 

ARTICLE VIII 

Sec. 12. No county shall incur any indebtedness which shall 
increase its total debt beyond three per cent of its assessed valuation, 
except counties having an assessed valuation of five million dollars or 
less, which counties may increase their total debt to five per cent of 
their assessed valuation. 

Amendment ratified November 8, 1910. 
Effective January 1, 1911. 

ARTICLE XI 

Sec. 9. The legislature shall continue a system of primary schools 
whereby every school district in the state shall provide for the education 
of its pupils without charge for tuition; and all instruction in such 
schools shall be conducted in the English language. If any school dis- 
trict shall neglect to maintain a school within its borders as prescribed 
by law for at least five months in each year, or to provide for the edu- 
cation of its pupils in another district or districts for an equal period, 
it shall be deprived for the ensuing year of its proportion of the pri- 
mary school interest fund. If any school district shall, on the second 
Monday in July of any year, have on hand a sufficient amount of money 
in the primary school interest fund to pay its teachers for the next 
ensuing two years as determined from the pay roll of said district for the 
last school year, and in case of a primary district, all tuition for the 
next ensuing two years, based upon the then enrollment in the seventh 
and eighth grades in said school district, the children in said district 
shall not be counted in making the next apportionment of primary 
school money by the superintendent of public instruction; nor shall 
such children be counted in making such apportionment until the 
amount of money in the primary school interest fund in said district 
shall be insufficient to pay teachers' wages or tuition as herein set forth 
for the next ensuing two years. 

Amendment ratified April 3, 1911. 
Effective January 1, 1912. 



STATE CONSTITUTION 147 



SCHEDULE 

That no inconvenience may arise from the changes in the constitution 
of this state, and in order to carry the same into complete operation, it 
is hereby declared that : 

Section i. The common law and the statute laws now in force, not 
repugnant to this constitution, shall remain in force until they expire 
by their own limitations, or are altered or repealed. 

Sec. 2. All writs, actions, causes of action, prosecutions and rights 
of individuals, and of bodies corporate, and of the state, and all charters 
of incorporation which shall not have been heretofore forfeited or be- 
come subject to forfeiture shall continue; and all complaints, informa- 
tions or indictments which shall have been made, filed or found or 
which may hereafter be made, filed or found for any crime or offense 
committed before the adoption of this constitution, may be proceeded 
upon as if no change had taken place. The several courts shall con- 
tinue with the same powers and jurisdiction, both at law and in equity, 
as heretofore, until otherwise provided by law. 

Sec. 3. All fines, taxes, penalties, forfeitures and escheats, accruing 
to the state or any municipal corporation under the existing constitu- 
tion and laws, shall accrue to the use of the state or such municipal 
corporation under this constitution. 

Sec. 4. All recognizances, bonds, obligations and all other instru- 
ments entered into or executed before the adoption of this constitution 
to the people of this state, or to any municipal corporation, or to any 
public officer or public body, or which may be entered into or executed 
under existing laws to the people of this state or to any such officer or 
public body shall remain binding and valid, and rights and liabilities 
upon the same shall continue and may be prosecuted as provided by 
law. And all crimes and misdemeanors and penal actions shall be prose- 
cuted, tried and punished as though no change had taken place, until 
otherwise provided by law. 

Sec. 5. All officers, civil and military, now holding any office or 
appointment, shall continue to hold their respective offices, unless 
removed by competent authority, until superseded under the laws 
now in force or under this constitution. 

Sec. 6. All officers elected under the existing constitution and laws 
on the Tuesday after the first Monday of November, nineteen hundred 
eight, shall take office on and after the first day of January, nineteen 
hundred nine, under this constitution. 

Sec. 7. Until otherwise provided, the salaries or compensation of all 



148 THE GOVERNMENT OF MICHIGAN 

public officers shall continue as provided under the existing constitution 
and laws. 

Sec. 8. The attorney general of the state shall prepare and report to 
the legislature at the commencement of the next session such changes 
in existing laws as may be deemed necessary to adapt the same to this 
constitution. 

Sec. 9. Any territory attached or that may be attached to any 
county for judicial purposes, if not otherwise represented, shall be con- 
sidered as forming a part of such county, so far as regards elections for 
the purpose of representation. 

Sec. 10. This constitution shall be submitted to the people for their 
adoption or rejection at the general election to be held on the Tuesday 
after the first Monday of November, nineteen hundred eight. It shall 
be the duty of the secretary of state to forthwith give notice of such 
submission to the sheriffs of the several counties, and it shall also be the 
duty of the secretary of state and all other officers required to give or 
publish any notice in regard to said election, to give notice as pro- 
vided by law in case of an election for governor, that this constitution 
will be duly submitted to the electors at said election. 

Sec. 11. Every person entitled to vote for members of the legislature 
under the existing constitution and laws may vote on said adoption or 
rejection, and the board of election commissioners in each county shall 
cause to be printed on a ballot separate from the ballot containing the 
names of the nominees for office the words ''Adoption of the Revised 
Constitution [ ] Yes." " Adoption of the Revised Constitution [ ] No." 
All votes cast at said election shall be taken, counted, canvassed and 
returned as provided by law for the election of state officers. Should 
the revised constitution so submitted receive more votes in its favor than 
shall be cast against it, it shall be the supreme law of the state on and 
after the first day of January, nineteen hundred nine, except as herein 
otherwise provided; otherwise it shall be rejected. 

Adopted by the Constitutional Convention, February 21, 1908, and ratified by 
the electors, November 3, 1908. 



MAR 



1313 



